Estate of George Schrage v. Mic General Insurance Corp
330150
| Mich. Ct. App. | Mar 9, 2017Background
- George Schrage, a volunteer track worker, was struck and severely injured by a racecar while on the infield of a quarter-mile asphalt track.
- Schrage and two other volunteers were using a parked pickup truck on the infield to store tools and to perform track duties (cleaning, extinguishing fires, rescuing drivers).
- At the time of the accident two volunteers stood in the truck bed; when they saw the racecar approaching they attempted to lift Schrage into the bed. Schrage was facing away, reaching for a broom, and testified he first realized something was wrong when the men tried to pull him into the truck; they failed to lift him and he was hit.
- Parties agreed the racecar was not a “motor vehicle” under MCL 257.33 and the pickup was a parked motor vehicle.
- Plaintiff (substituted personal representative after Schrage’s death) sought personal injury protection (PIP) benefits; defendant moved for summary disposition under MCR 2.116(C)(10).
- The trial court granted the motion; the Court of Appeals reversed and remanded, holding a genuine fact question existed whether Schrage was “entering into” the parked vehicle under MCL 500.3106(1)(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether injury arose from use of a parked vehicle such that PIP applies under MCL 500.3106(1)(c) | Schrage was being pulled into the truck and thus was "entering into" the vehicle when struck, bringing the injury within §3106(1)(c) | The racecar (non-motor vehicle) caused the injury; attempts to pull him into the truck were unrelated and do not make the injury arise out of the parked vehicle | Reversed: factual dispute exists whether Schrage was "entering into" the vehicle such that PIP coverage may apply |
Key Cases Cited
- Maiden v. Rozwood, 461 Mich 109 (standard of review for summary disposition)
- Corley v. Detroit Board of Education, 470 Mich 274 (view evidence in light most favorable to nonmoving party)
- Bronson Methodist Hospital v. Auto-Owners Ins. Co., 295 Mich App 431 (evidentiary support for C(10) motions)
- McKenzie v. Auto Club Ins. Ass'n, 458 Mich 214 ("use as a motor vehicle" defined)
- Shanafelt v. Allstate Ins. Co., 217 Mich App 625 (injury "entering into" parked vehicle relates to vehicle character)
- Putkamer v. Transamerica Ins. Corp., 454 Mich 626 (causal relationship to parked vehicle must be more than incidental)