Estate of Marlya Allen v. Citizens Insurance Company
330872
| Mich. Ct. App. | Mar 30, 2017Background
- Plaintiff (David Allen as personal representative of Marlya Allen) was a rear-seat passenger in a vehicle that was struck by defendant Michael Harrington; defendant admitted liability for that collision. Plaintiff had earlier that day driven her own car into a ditch at ~30 mph and was later transported after the second collision (also ~30 mph).
- At hospital after the second collision plaintiff denied complaints; exam and CT scan showed no acute bony cervical injury, only possible spasm/degenerative changes; urine tox screen positive for THC; discharge noted “no injuries.”
- About five weeks later an MRI showed multiple cervical disc herniations (C2–C7, largest at C5–C6) and a thoracic herniation at T4–T5; a treating physician issued a short disability certificate referencing injuries “sustained in the aforementioned accident.”
- Plaintiff subsequently died of unrelated causes; discovery was closed and the record contained no treating-physician opinion explicitly tying the MRI findings to the second collision rather than the earlier ditch accident or preexisting degeneration.
- Defendant moved for summary disposition arguing plaintiff cannot prove causation between the admitted collision and the later-diagnosed disc herniations; the trial court granted the motion and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff presented admissible evidence of causation tying her post-accident spinal injuries to the second (defendant-caused) collision | Plaintiff contends the MRI and the treating physician’s disability certificate support causation attributable to the second collision | Harrington contends the record shows two accidents and no evidence establishes which (if either) caused the herniations; causation is no more than a possibility | Court: Affirmed summary disposition — plaintiff failed to show a reasonable probability that the second collision caused the injuries rather than the earlier accident or other causes |
Key Cases Cited
- Skinner v. Square D Co., 445 Mich 163 (1994) (plaintiff must prove cause in fact by more than mere possibility)
- Benefiel v. Auto-Owners Ins. Co., 482 Mich 1087 (2008) (plaintiff with successive injuries must prove current injury was caused by the subsequent accident)
- Maiden v. Rozwood, 461 Mich 109 (1999) (nonspecific assertions are insufficient to survive summary disposition)