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Gajewski v Auto-Owners Insurance Company; (MSC-PUB, 12/6/1982; RB #568)

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Michigan Supreme Court; Docket No. 68622; Published  
Opinion by_________; Per Curiam    
Official Michigan Reporter Citation:________; Link to Opinion alt    


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

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In lieu of granting Application for Leave to Appeal, the Michigan Supreme Court unanimously reversed the Court of Appeals opinion in item number 484 "for the reasons stated in Judge Cynar's dissenting opinion." In so ruling, the Supreme Court reinstated a Circuit Court judgment for no-fault benefits in favor of a plaintiff who sustained serious injury when an explosive device which had been wired to his automobile ignition system exploded when plaintiff attempted to start his vehicle. In dissenting from the Court of Appeals majority opinion which denied no-fault benefits, Judge Cynar contended that plaintiff should receive no-fault benefits pursuant to §3105(1) of the statute because his injury did arise out of the ownership, operation, maintenance or use of a motor vehicle. Judge Cynar stated that there was a direct causal relationship between the use of the vehicle and the injuries inasmuch as the vehicle was more than merely the site of the injury and the ignition system of the car was being operated in its-normal manner when the explosion-occurred.

[Author's Comment: The ruling by the Supreme Court in this case seems consistent with the reasoning of the Court of Appeals in the case of Mann v DAIIE, item number 463, holding that no-fault benefits were available to a motorist who sustained injury when an object was dropped upon his vehicle from a freeway overpass. Both plaintiffs were operating their vehicles pursuant to its normal intended use when the intentionally inflicted injury occurred.]


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