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Motor Vehicle – First Party No-Fault PIP
Motor Vehicle Litigation / April 19, 2010
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: