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Newton v Citizens Ins Co; (CCC-UNP, 6/9/1999; RB #2080)

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Oakland County Circuit Court; Case No. 98-004883-NF; Unpublished
Honorable Alice L. Gilbert
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


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

TOPICAL INDEXING:     
Not Applicable

CASE SUMMARY:     
In this written Opinion, Judge Gilbert held that a cerebral, vertebral artery dissection that resulted from chiropractic treatment eight (8) months after a motor vehicle accident, was not an injury that arose out of the automobile accident that caused the original injury, but rather, arose out of an alleged malpractice event. As a consequence, Judge Gilbert held that plaintiff’s economic losses were not covered under the No-Fault Act because they arose subsequent to an alleged medical malpractice event where the malpractice occurred during the treatment sought for injuries suffered from a prior automobile accident. Judge Gilbert held that the connection between the automobile accident and the vertebral dissection suffered by the plaintiff eight (8) months thereafter, was no more than incidental and fortuitous, and therefore, did not arise out of the accident as required under 3105(1).


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