Morosini v. Citizens Insurance Co. of America
Morosini v. Citizens Insurance Co. of America
Opinion of the Court
AFTER REMAND
After a minor traffic accident, the plaintiff was assaulted by the driver of the other car. The lower courts granted no-fault benefits to the plaintiff, but we reverse and remand the case to the district court for entry of a judgment in favor of the defendant.
i
This case arises from an incident that took place in January 1993. It was submitted to the district court
On the date stated in the complaint, the Plaintiff was an operator of a motor vehicle on a public highway, I believe, leaving the Silverdome or the Palace or something like that, and he was struck from the rear by a motorist who was operating a motor vehicle.
It was a minor impact, and the impact, per se, itself, caused no injury whatsoever to Mr. Kenneth Morosini. However, it was an impact which would give rise to the requirement to determine if property damage had occurred, and if property damage had occurred, it would be necessary, under the rules of a—for vehicle operators, for the operators to exchange identification information, such as driver’s license and insurance and registration information.
Mr. Morosini exited his vehicle, was in the process of examining the area where he believed a slight impact had occurred, and he was assaulted by the driver of the other vehicle resulting in injuries.
He has brought this action against Citizens Insurance Company, who is Mr. Morosini’s own personal-injury protection carrier, for recoupment of medical expenses arising out of the treatment for the assault.
The parties further stipulated that Mr. Morosini’s damages, if liability were found, would be $2,500.
The question before the district court was whether Mr. Morosini’s insurer—Citizens Insurance Company of America—was obliged to pay first-party no-fault benefits.
*306 Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.
The district court granted judgment to Mr. Morosini, finding a sufficient nexus between the injuries and the use of a motor vehicle as a motor vehicle. The court reasoned that the traffic accident gave rise to a statutory obligation to stop and exchange information,
The circuit court affirmed, saying that “[t]he accident precipitated the assault, and the assault occurred as an integral part of the continuum of the accident.”
Citizens took a further appeal to the Court of Appeals. However, the result was another affirmance. 224 Mich App 70; 568 NW2d 346 (1997).
Citizens applied to this Court for leave to appeal. In lieu of granting leave, we remanded the case to the Court of Appeals for reconsideration in light of McKenzie v ACIA, 458 Mich 214; 580 NW2d 424 (1998). 458 Mich 867 (1998).
On remand, the Court of Appeals issued a short opinion adhering to its earlier conclusion. 232 Mich App 259; 591 NW2d 63 (1998).
Once again, Citizens has applied to this Court for leave to appeal.
n
As one readily can see from the first opinion of the Court of Appeals, 224 Mich App 70, there is a substantial body of case law concerning the meaning of the phrase “use of a motor vehicle as a motor vehicle.” Among these decisions, several pertain specifically to situations in which a driver has been assaulted.
In Thornton v Allstate Ins Co, 425 Mich 643; 391 NW2d 320 (1986), this Court considered a suit brought by a Flint taxidriver who had been assaulted by a person who pretended to be a fare. As the driver pulled away from the curb, the passenger drew a pistol and shot the driver in the neck. The robbery net
Marzonie v ACIA, 441 Mich 522; 495 NW2d 788 (1992), likewise illustrates the decisions made by the Legislature in this realm. In Marzonie, a dispute erupted between the occupants of two vehicles. One driver drove home, followed by the other. In the moments after the second car arrived, the first driver emerged from his house with a shotgun. Later claiming that he had intended to shoot the second car, not its driver, the first driver discharged his shotgun. Again, the result was permanent and serious injury. The no-fault act did not cover this situation, either, since “[t]he involvement of the automobiles was incidental and fortuitous”—“the shooting arose out of a dispute between two individuals, one of whom happened to be occupying a vehicle at the moment of the shooting.” 441 Mich 534.
Bourne v Farmers Ins Exchange, 449 Mich 193; 534 NW2d 491; 42 ALR5th 953 (1995), involved a claim brought by a man who entered his parked car, only to find two men in the back seat. They forced him at gunpoint to drive to a parking lot a mile away, where he was struck in the face and thrown to the ground.
Finally, there is McKenzie, which was decided after the Court of Appeals issued its first opinion in the present case. In McKenzie, two men were hospitalized after inhaling carbon monoxide fumes from a propane heater in a camper/trailer that was attached to the back of a pickup truck. Examining closely the syntax selected by the Legislature, this Court observed that “the phrase ‘use of a motor vehicle as a motor vehicle’ would appear to invite contrasts with situations in which a motor vehicle is not used as a motor vehicle.”
Each of these decisions is instructive, and each supports our conclusion that the Legislature crafted the no-fault statute in a manner that excludes the facts of the present case. From these decisions we learn:
• Coverage is not mandated by the fact that the injury occurred within a moving vehicle, or by the fact that the driver believed that the passenger entered the vehicle for the purpose of being transported. Thornton.
• The focus is on the relationship between the injury and the use of a motor vehicle as a motor vehicle, not on the intent of the assailant. Marzonie.
• Incidental involvement of a motor vehicle does not give rise to coverage under the language enacted by the Legislature, even if assaultive behavior occurred at moré than one location, and the vehicle was used to transport the victim from one place to the other. Bourne.
• The statute authorizes coverage in the event of an assault only if it is “closely related to the transportational function of motor vehicles.” McKenzie.
These cases can lead only to the conclusion that the facts of the present case are not within the coverage intended by the Legislature. In the mind of the second motorist, the assault may have been motivated by closely antecedent events that involved the use of a motor vehicle as a motor vehicle, but the
For these reasons, we reverse the judgments of the Court of Appeals, the circuit court, and the district court, and we remand this case to the district court for entry of a judgment in favor of defendant Citizens Insurance Company. MCR 7.302(F)(1).
The statutory phrase is “personal protection insurance benefits”—also known as “first-party” or “pip” benefits. McKelvie v ACIA, 459 Mich 42, 44, n 1; 586 NW2d 395 (1998).
MCL 257.618, 257.619; MSA 9.2318, 9.2319.
The circuit court later denied rehearing.
Reh den August 27, 1997 (Docket No. 186760).
We also have received from Auto Club Insurance Association a motion for leave to appear as amicus curiae. We grant the motion.
Some internal quotation marks have been deleted.
Bialochowski v Cross Concrete Pumping Co, 428 Mich 219; 407 NW2d 355 (1987).
We agree -with the main point of Justice Cavanagh’s separate opinion—injuries from an intentional personal assault on a driver of a motor vehicle (or in this case on one who had a few moments before been driving a motor vehicle) do not bear a sufficient causal relationship to the use of a motor vehicle to qualify for first-party no-fault benefits. However, we regard McKenzie, supra, as being applicable to the circumstances of this case because Mr. Morosini’s injuries were not caused by a force “closely related to the transportational function of motor vehicles,” id., but rather by a physical attack on his person.
Concurring Opinion
(concurring). I agree with the decision to deny coverage in this case. However, I disagree with the majority’s reliance on the McKenzie v ACIA, 458 Mich 214; 580 NW2d 424 (1998), “transportational function” as a basis for our conclusion.
The majority leads us through this Court’s history of interpreting the relationship between MCL 500.3105(1); MSA 24.13105(1), and facts where a motorist has suffered an intentional physical assault. Bourne v Farmers Ins Exchange, 449 Mich 193; 534 NW2d 491; 42 ALR5th 953 (1995), Marzonie v ACIA, 441 Mich 522; 495 NW2d 788 (1992), and Thornton v
Because the instant facts provide no dispute that the motorists were operating their vehicles as motor vehicles on a public highway, we need not look further into the “use” or “function” of the vehicles. This is not a case where, as the McKenzie majority notes, “a motor vehicle is [being] used for other purposes, e.g., as a housing facility of sorts, as an advertising display (such as at a car dealership), as a foundation for construction equipment, as a mobile public library, or perhaps even when a car is on display in a museum.” 458 Mich 219. Instead, this case requires an inquiry into the causal connection between the use of the vehicle' as a vehicle, and the injury. We must determine whether the injuries inflicted on plaintiff during the intentional assault are injuries “arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle . . . .” MCL 500.3105(1); MSA 24.13105(1).
While the injuries were perhaps “foreseeably identifiable” with the occupational or commercial use of a motor vehicle as a taxicab, the relation of the gunshot wound to the functional use of a motor vehicle as a motor vehicle was at most merely “but for,” incidental, and fortuitous. [425 Mich 661.]
In Marzonie, the plaintiff argued with another motorist and was later shot by that person while driving his car. This Court stated that the injuries did not arise out of the use of the motor vehicle as a motor vehicle:
The involvement of the automobiles was incidental and fortuitous. Although Mr. Oaks says that the plaintiff’s car was moving toward him at a “creep,” the shooting arose out of a dispute between two individuals, one of whom happened to be occupying a vehicle at the moment of the shooting. [441 Mich 534.]
The carjacker simply struck plaintiff. Hence, plaintiffs vehicle was at best the situs of the injury, which is not a sufficient condition to establish the requisite causal connection between the injury and the vehicle. [449 Mich 200.]
In the instant case, the Court of Appeals granted plaintiff recovery by holding that plaintiffs injuries arose from an activity normally associated with the use of a vehicle as a motor vehicle. 224 Mich App 70, 84-85; 568 NW2d 346 (1997). It reasoned that
getting out of the vehicle to inspect for damages from an accident is a normal activity associated with the use of a vehicle as a motor vehicle. Because there was a sufficient causal nexus between the injuries sustained by plaintiff in the assault and the use of the motor vehicle as a motor vehicle, defendant insurer is liable under § 3105(1).
The Court of Appeals essentially reasoned that being assaulted while fulfilling statutory duties to exchange insurance information is a normal risk of driving. I disagree and continue to adhere to this Court’s statement:
[W]e do not agree that assaults are part of “the normal risk” of motoring. [Bourne, 449 Mich 200, n 3.]
In that same footnote, we recognized that there have been cases where objects were projected at, or dropped on, vehicles, which resulted in an injury. Saunders v DAIIE, 123 Mich App 570; 332 NW2d 613 (1983); Mann v DAIIE, 111 Mich App 637; 314 NW2d 719 (1981). We agreed to review such cases as an
Plaintiffs injuries arose out of the blows inflicted on him by another motorist. The connection to the use of vehicles as motor vehicles preceding the attack provides insufficient “but for” causation. I am unpersuaded that we should depart from the general rule when the causal connection between using the vehicles as motor vehicles is broken by a physical personal assault.
Dissenting Opinion
I dissent from the majority opinion in this case on the basis of the reasoning set forth in the Court of Appeals opinions.
Reference
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- Morosini v. Citizens Insurance Company of America (After Remand)
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