Injured? Contact Sinas Dramis for a free consultation.


Thornton v Allstate; (GCC-UNP, 9/23/1982; RB #597)


Genesee County Circuit Court; Docket No. 79-54036-NI; Unpublished  
Judge Philip Elliott; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   

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

Not Applicable   

In this written Opinion, Judge Elliott denied defendant insurance company's Motion for Summary Judgment in a case where plaintiff sustained a gunshot wound to the neck resulting in quadriplegia when he was driving a taxicab and was assaulted by a passenger. Judge Elliott examined the causal connection rule set forth in Kangas v Aetna and found that, to the extent the rule requires an injury foreseeably identifiable with the normal use of a motor vehicle, it is in conflict with §3105(1) which merely requires that the injury arise out of the use of a vehicle. In the case at bar, Judge Elliott held that assaults and armed robberies of taxicab drivers by passengers are not an uncommon phenomena. He stated, "The robbery and shooting happens because the automobile is used as a public conveyance directed by radio to the robber at the appointed time. There is a direct causal relationship between the driving of the taxi, in its use as a common carrier, and the assault In this case, if the plaintiff had not been driving his taxi, he would not have been assaulted his injuries sustained as a result of the assault, therefore, arise out of the operation and use of the taxi as a motor vehicle." In so ruling, Judge Elliott relied upon the Court of Appeals decision in Mann v DAIIE, item number 463, and suggested that the Supreme Court speak to the issue as soon as possible.

Lansing car accident lawyer Stephen Sinas is the lead editor of the appellate case summaries published on this site regarding the Michigan auto insurance law. To learn more about how Stephen Sinas and how the Sinas Dramis Law Firm can help you if you have been injured in a Michigan auto accident, visit

Copyright © 2022 Sinas Dramis Law Firm, George Sinas, Stephen Sinas.
All Rights Reserved.
Login (Publishers Only)