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Swirczek v State Farm Insurance Company; (COA-UNP, 7/30/1990; RB #1395)


Michigan Court of Appeals; Docket No. 120142; Unpublished  
Judges Kelly, Gillis, and Gribbs; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   

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

Not Applicable  

In this unanimous per curiam Opinion, the Court of Appeals held that a pedestrian who was struck by a motorcycle in congested traffic suffered injuries that arose out of the ownership, operation, maintenance, or use of a motor vehicle under §3105 because the motorcycle which struck the pedestrian could not see the pedestrian until the last minute when she stepped out from in front of a stopped van. The motorcyclist testified that he would have seen the plaintiff in time to avoid hitting her if his view had not been blocked by the van. In ruling that the plaintiff’s injuries arose out of the ownership, operation, maintenance, or use of the stopped van, the Court of Appeals cited Bradley v DAIIE (Item No. 684) and stated: "While a motor vehicle need not be the proximate cause of the injury, there must be a causal connection between the injury and the ownership, operation, maintenance or use of the motor vehicle… Although the van in this case was momentarily stopped, it was proceeding normally through traffic given the congested conditions at the time of the accident. We believe problems attendant to stop-and-go traffic are part of the normal perils of driving.”

Since the injuries here arose from a normal use of a motor vehicle, the trial court erred in granting defendant's motion for summary disposition.  

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