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Boursaw v Hawks and Middle Cities Risk Management Trust; (COA-UNP, 7/9/2002, RB #2321)

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Michigan Court of Appeals; Docket #230319; Unpublished
Judges Fitzgerald, Holbrook, Jr. and Doctoroff; unanimous; per curiam
Official Michigan Reporter Citation: Not Applicable, Link to Opinion courthouse graphic


STATUTORY INDEXING:
Entitlement to PIP Benefits: Transportational Function Requirement [3105(1)]

TOPICAL INDEXING:
Not applicable


CASE SUMMARY:
In this unanimous per curiam unpublished opinion, the Court of Appeals held that a transportation aide on a school bus who was injured by a student passenger was not entitled to no-fault benefits because the plaintiff’s injuries did not arise out of the student’s use of the bus. The court held that the bus was merely the situs of a physical attack, and assaults are not closely related to the transportational function of a motor vehicle and are not normal foreseeable occurrences in the use of a vehicle.



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