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Waetjen v Northland Insurance Company; (COA-UNP, 10/26/2006, RB #2811)

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Michigan Court of Appeals; Docket #269802; Unpublished
Judges Whitbeck, Saad, and Schuette; unanimous; per curiam
Official Michigan Reporter Citation: Link to Opinion courthouse graphic


STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [3105(1)]
Entitlement to PIP Benefits: Transportational Function Requirement [3105(1)]
Entitlement to PIP Benefits: Motor Vehicle Involvement [3105(1)]

TOPICAL INDEXING:
Not applicable


CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed summary disposition for defendant, finding that plaintiff was not entitled to no-fault benefits where the motor vehicle from which she was alighting was not being used as a motor vehicle.

The plaintiff in this case was injured after she looked at the interior features of a limousine which was on display at a bridal show. In affirming, the Court of Appeals found there was no evidence that when plaintiff was injured the limousine was being used for any purpose other than display and plaintiff’s injury clearly occurred in the course of that use. Therefore, plaintiff presented insufficient evidence to establish the required nexus between her injury and the transportational function of the limousine as a motor vehicle.


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