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Guilloz v Aetna Casualty; (COA-PUB, 11/5/1985; RB #883)


Michigan Court of Appeals; Docket No. 81075; Published    
Judges MacKenzie, Cynar, and Deming; Unanimous; Per Curiam    
Official Michigan Reporter Citation: 146 Mich App 830; Link to Opinion alt   

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

Not Applicable   

In this unanimous per curiam Opinion, the Court of Appeals reversed the trial court and ruled that plaintiff was entitled to a jury trial regarding his claim for work loss benefits arising from a second automobile accident wherein plaintiff allegedly reinjured a serious back condition that had disabled him continuously since his first car accident a year and a half prior thereto. Plaintiff had attempted to return to light duty work after the first accident but before the second. However, no such work was available. Plaintiff was improving at the time he was involved in a second accident. His treating physician indicated that the second accident aggravated plaintiff’s preexisting back condition. The Court of Appeals ruled that the trial court erred in granting summary judgment in favor of defendant as plaintiff’s claim involved disputed issues of material fact.

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