Motor Vehicle – First Party No-Fault PIP

Court/Case No: Wayne County Circuit Court/Case No. 07-730280-NF

Tried/Argued Before: Jury

Demand: $60,000.00 (not including No-Fault sanctions)

Verdict: No Cause of Action in favor of Defendant Auto Owners Insurance Company and against Plaintiff Ronald Gayles

Name of Judge(s): John A. Murphy

Keys to the Case:

Plaintiff filed suit against Auto-Owners Insurance Company claiming first-party No-Fault PIP benefits as a result of a motor vehicle accident. Plaintiff made allegations attempting to involve a motor vehicle in the accident, for purposes of allowing him to file a claim for PIP benefits. He claimed he was alighting from a vehicle and slipped and fell on ice and snow.

Defendant argued that Plaintiff was not entitled to any PIP benefits, however, as the accident did not “involve” a motor vehicle; rather, the accident occurred when Plaintiff slipped on ice, unrelated to his alighting from the vehicle. In a 5 to 7 vote, the jury concluded that Plaintiff’s fall was unrelated to the motor vehicle.

Defense SW attorney(s) Involved in Case:

• Thomas J. Azoni