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Lindahl v Rubright; (COA-UNP, 7/20/2004, RB #2479)


Michigan Court of Appeals; Docket #245568; Unpublished
Judges Fort Hood, Donofrio, and Borrello; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [3105(1)]

Not applicable 

In this unpublished per curiam opinion, the Court of Appeals affirmed the trial court’s dismissal of plaintiff’s bodily injury tort claim for the reason that plaintiff had offered insufficient evidence to establish that the motor vehicle accident was a proximate cause of his injury. In this case, plaintiff, who was operating a motorcycle, sustained injury when he attempted to avoid a collision with a motor vehicle. Plaintiff initially did not request medical treatment but took himself to the hospital later that day, complaining about various abrasions and contusions. Plaintiff had a history of multiple motorcycle accidents and also a long history of back pain. Plaintiff treated sporadically with his physician over many months for alleged injuries to his low back, shoulder, and knee. Plaintiff’s own physician failed to establish that there was any causal relationship between plaintiff’s motorcycle accident and his ongoing symptomology and plaintiff offered no other evidence supporting causation. In so ruling, the court stated:

“In the present case, we cannot conclude that the trial court improperly granted defendant’s motion for summary disposition. In the present case, plaintiff’s treating physician, Dr. Born, opined that there was no correlation between the injury and the accident. Plaintiff did not present documentary evidence by a physician to contradict the assertions of Dr. Born, and the record does not substantiate the attack to Dr. Born’s qualifications and conclusions.”

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