Motor Vehicle Litigation

Court/Case No: Wayne County Circuit Court/Case No. 11-003562-CZ

Tried/Argued Before: Judge

Demand: $25,000

Verdict: $0 Motion for Summary Disposition

Name of Judge(s): Michael Sapala

Keys to the Case:

This lawsuit was filed by Eddie Gavin for PIP benefits against Auto Owners Insurance Company and for non-economic damages against the alleged owner of the vehicle involved in the accident, Vanessa Blount. The vehicle was allegedly owned by Defendant Vanessa Blount and insured by Auto-Owners Insurance Company, but a search of the vehicle’s history indicated the vehicle was actually owned by Winston Blount, who was not a party to the action. Vanessa Blount, therefore, did not own the subject vehicle at the time of the accident. Because Vanessa Blount was not the owner of the subject vehicle, she could not have given permission to the driver to operate the subject vehicle, nor did she have any liability under the Owner Liability Statute, MCL §257.401.

Further, Home-Owners Insurance Company, not Auto-Owners Insurance Company, was the entity that issued the automobile policy to Vanessa Blount, which was in effect on the date of Plaintiff’s accident, March 26, 2008. The Court was convinced there was never any contractual obligation owed by Auto-Owners Insurance Company to Plaintiff because no policy was ever sold by Auto-Owners Insurance Company. Accordingly, pursuant to MCR2.116(C)(3), (C)(7), (C)(8) and (C)(10) the Court was convinced that Plaintiff had no cause of action against Defendants, Auto Owners Insurance Company and Vanessa Blount, the alleged owner of the subject vehicle.

Defense SW attorney(s) Involved in Case: