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Bill v Frederick; (MCC-UNP, 5/6/1976; RB #189)


Mecosta County Circuit Court; Docket No. 75-2613-NI; Unpublished   
Judge Harold Van Domelen   
Official Reporter Citation: Not Applicable; Link to Opinion alt   

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

Not Applicable   

In a written Opinion, Judge Harold Van Domelen held that a plaintiff who was standing outside of his stalled vehicle attempting to start the engine while the same was situated upon a highway, and while doing so was struck by another automobile, should be defined as an occupant of the vehicle pursuant to the Supreme Court's decision Nickerson v Citizens Mutual 393 Mich 324.

Furthermore, Judge Van Domelen ruled that the question of whether or not the plaintiff was a resident of this state or another state is a matter of intent which is to be determined from considerations of all the relevant facts and circumstances. Based upon the fact that the plaintiff had greater ties with the State of North Dakota, Judge Van Domelen ruled that he was a resident of North Dakota. Such factors included the fact that plaintiff was born in North Dakota and lived there for over half of his life, made arrangements to purchase a home in North Dakota, had purchased and registered a truck in North Dakota, had purchased insurance in North Dakota, etc.

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