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No. 133596
| Fern Willer, |
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Paul R. Swanson |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Wayne - Stephens, C.) |
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| Titan Insurance Company, |
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Daniel T. Rizzo |
| Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Michigan Association for Justice's Amicus Curiae Brief>>
Background
Fern Willer slipped and fell on ice in her driveway while she was scraping snow off her vehicle’s windshield. Willer sued her no-fault insurer, Titan Insurance Company, claiming that she was injured in the fall and seeking personal protection, wage loss, and medical benefits under her no-fault policy. Titan moved to dismiss the suit, arguing that Willer was not entitled to no-fault benefits as a result of the parked-vehicle exclusion to no-fault first party coverage, MCL 500.3106. Willer was not involved in maintenance of her vehicle at the time of her injury, Titan contended, and there was an insufficient causal connection between her cleaning the vehicle’s windshield and her slip and fall. Willer responded that she was entitled to benefits because her injury arose out of the “operation, maintenance, or use of the motor vehicle as a motor vehicle” under MCL 500.3105(1). The trial court denied Titan’s motion for summary disposition, concluding that Willer was engaged in maintenance of her motor vehicle when she was injured, and that she was therefore entitled to seek no-fault benefits. The Court of Appeals denied Titan’s application for leave to appeal. Titan appeals to the Supreme Court.
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