Preview:

STATE OF MICHIGAN
COURT OF APPEALS


ROSE MARIE KESSEL, Plaintiff-Appellant, v KENNETH LEE RAHN, Jr. Defendant-Appellee.

FOR PUBLICATION January 23, 2001 9:00 a.m. No. 220013 Bay Circuit Court LC No. 98-003223-NI Updated Copy March 16, 2001

Before: Sawyer, P.J., and Murphy and Fitzgerald, JJ. SAWYER, P.J. The trial court granted summary disposition in favor of defendant on plaintiff 's claim for damages arising out of an automobile accident. Plaintiff appeals, and we affirm. Plaintiff claims to have suffered injury when the vehicle she was driving was struck in the rear by a vehicle operated by defendant. The vehicle plaintiff was driving was titled in the name of her mother and did not have the insurance coverage required by law. Plaintiff brought the instant action against defendant seeking damages for noneconomic loss. The trial court granted defendant's motion for summary disposition under the provisions of MCL 500.3135(2)(c); MSA 24.13135(2)(c), which precludes recovery by a person who violated the mandatory insurance requirement: Damages shall not be assessed in favor of a party who was operating his or her own vehicle at the time the injury occurred and did not have in effect for that motor vehicle the security required by section 3101 [MCL 500.3101; MSA 24.13101] at the time the injury occurred.

-1-

In dispute in the case is whether the vehicle operated by plaintiff may be regarded as "his or her own vehicle" inasmuch as it was titled in her mother's name at the time of the accident. We agree with the trial court that it is, in fact, plaintiff 's "own vehicle" and, therefore, the provisions of subsection 3135(2)(c) apply. Subsection 3135(2)(c) does not define the term "own vehicle." The trial court relied on the provisions of subsection 3101(2)(g) and its definition of "owner." MCL 500.3101(2)(g); MSA 24.13101(2)(g). We find this to be a reasonable approach inasmuch as the concepts of "owner" and "own vehicle" are similar, it is

Download ROSE MARIE KESSEL V KENNETH LEE RAHN.pdf

Michigan Law