Insurance Auto Entry.
Byline: Michigan Lawyers Weekly Staff
Where a plaintiff policyholder was injured in a parking lot as she was reaching for the door handle on the driver's side door of the insured vehicle, the defendant insurance company should have been awarded summary disposition because the plaintiff had not yet begun entering into her vehicle when she fell.
Reversed.
"Defendant appeals by leave granted the trial court's denial of its motion for summary disposition. We reverse, and remand for entry of an order granting summary disposition in favor of defendant under MCR 2.116(C)(10).
"Plaintiff fell in the parking lot of the Dollar General located in Bay City, Michigan. Plaintiff had parked her car in the parking lot, alighted from the vehicle, and then went into the Dollar General. Plaintiff left the store after purchasing greeting cards, cookies, and candy, and returned to her vehicle. Plaintiff opened the driver's side door, reached across the center console and placed the items she had purchased on the front passenger seat. Plaintiff closed the driver's side door, and returned her shopping cart to the corral in the parking lot. Plaintiff began to walk back to her car, and as she was reaching for the door handle on the driver's side door, the toe of plaintiff's shoe got caught in a small hole in the parking lot causing plaintiff to fall. Plaintiff never touched the vehicle.
"Plaintiff sought payment of PIP benefits from defendant, her no-fault insurer, under MCL 500.3106(1). Defendant refused to pay, arguing that plaintiff was not entering her vehicle at the time of her fall, and therefore she was not entitled to PIP benefits under MCL 500.3106(1). Plaintiff brought suit, and following discovery, defendant moved for summary disposition under MCR 2.116(C)(10). The trial court denied defendant's motion, concluding that a factual issue remained for the jury regarding whether plaintiff was in the process of entering her vehicle at the time of her fall.
"Defendant argues that the trial court erred as a matter of law by concluding that there were outstanding questions of fact regarding whether...
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