Michigan Court of Appeals; Docket # 323343; Unpublished
Judges Beckering, Gleicher, and M.J. Kelly; Unanimous, Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Allowable Expenses for Attendant Care [§3107(1)(a)]
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion involving a plaintiff who claimed she was injured in a bus accident, the Court of Appeals held that plaintiff's claim for PIP benefits was properly dismissed because, although plaintiff alleged she could not walk after the accident without using a walker, this was contradicted by video evidence that showed plaintiff running after the accident.
Plaintiff was the passenger in a bus owned by Compass Coach, when the bus struck a deer. Plaintiff alleged that she was lying across two seats and sleeping in the back of the bus when the bus swerved to try and avoid the deer, causing her to fall forward and hit her back on the seat in front of her. Plaintiff filed a claim for PIP benefits with: 1) defendant National Interstate Insurance, Compass Coach's insurer; 2) defendant State Farm, claiming she was a resident relative of her daughter and entitled to coverage under her daughter's policy with State Farm; and 3) the Michigan Assigned Claims Facility, which assigned defendant Farmers Insurance to handle the claim. When benefits were denied, plaintiff filed this action pro se against defendants, seeking $5.5 million in damages for a back injury that resulted in loss of wages, medical expenses, and attendant care services. The parties stipulated that National Insurance was the higher priority insurer and State Farm and Farmers were dismissed from the suit. During plaintiff's deposition, she offered conflicting testimony, indicating that her injuries from the accident left her unable to walk without using a walker, while also testifying that she could run after the accident. National Interstate's moved for summary disposition, claiming no genuine issue of material fact existed about whether plaintiff suffered an injury as a result of the accident. The trial court granted the motion and denied plaintiff's motion for reconsideration.
The Court of Appeals held that plaintiff's claim was properly dismissed, noting she provided no legal basis in her brief to support her arguments and her arguments lacked merit.
According to the Court of Appeals, plaintiff failed to establish a question of fact for the jury regarding causation because she did not proffer any substantively admissible evidence to support a finding "beyond speculation or conjecture" that she was injured in the bus accident. The Court noted that plaintiff's deposition testimony, which was the only evidence of an alleged injury, consisted of "self-serving claims" that she could not walk without a walker and that she used the walker wherever she went.
However, video evidence showed plaintiff, after the bus incident, running and transporting a garbage bin across a street without a walker. According to the Court of Appeals:
"Because of the video, plaintiff's own testimony, and her statement at the June 30, 2014 hearing, reasonable minds could conclude only that plaintiff failed to show that the March 15, 2012 incident caused her to suffer an injury or aggravated an injury."
Therefore, the Court of Appeals affirmed summary disposition for National Interstate.
