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When It All Falls Down: Subsequent Complications Did Not Arise Out of Motor Vehicle Accident
The Michigan Court of Appeals held an infection caused by falls caused by instability caused by a prior motor vehicle accident was too attenuated from the accident to permit a finding that the infection (and subsequent amputation) arose out of the use of a motor vehicle as a motor vehicle.
The Court relied on the reasoning set forth in McPherson in holding that “the causal connection between the injury and the use of a motor vehicle as a motor vehicle [must be] more than incidental, fortuitous, or ‘but for,’” and that the “second injury was too attenuated from the first accident to permit a finding that it was directly caused by the first accident.”
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