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Ho Bac Nguy v Farmers Insurance Group; (COA-UNP, 12/12/1986; RB #993)


Michigan Court of Appeals; Docket No. 96264; Unpublished  
Judges Bronson, T.M. Burns, and Beasley; 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: Transportational Function Requirement [§3105(1)]

Not Applicable    

In this unpublished per curiam Opinion, the Court of Appeals considered the issue of plaintiff’s ntitlement to no-fault benefits based upon injuries sustained when plaintiff was struck by a bullet while lawfully driving his motor vehicle in Detroit. In its earlier decision on this same issue (Item No. 906), the Court of Appeals affirmed the trial court's denial of defendant's motion for summary judgment. The Supreme Court remanded this case to the Court of Appeals for reconsideration in light of its decision in Thornton v Allstate (Item No. 935). On remand, the Court of Appeals reversed its earlier decision, and granted summary judgment in favor of defendant.The Court based its conclusion on the holding in Thornton, where the Supreme Court stated that the causal relationship between the injury and the vehicular use of a motor vehicle must be more than "but for, incidental or fortuitous.” As stated by the Supreme Court, the involvement of the car in the injury should be "directly related to its character as a motor vehicle." As in Thornton, the vehicle in this case was merely the situs of the accident and had no other physical connection to plaintiff’s injury. The Court distinguished the recent decision in Perryman v Citizens Insurance Company (Item No. 966), which held that a plaintiff injured by a gunshot wound while unloading a shotgun from his vehicle was entitled to benefits. In Perryman, the relatively confined and dimly lit quarters inside of the vehicle directly contributed to the discharge of the weapon.

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