Categories: Michigan Supreme Court Opinions

McCARTHY v. ALLSTATE INSURANCE COMPANY, 462 Mich. 860 (2000)

613 N.W.2d 719

TINA McCARTHY, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

No. 114915.Supreme Court of Michigan.
May 16, 2000.

Appeal from COA: 212629, Delta CC: 97-13816-NI.

On order of the Court, the application for leave to appeal from the June 4, 1999 decision of the Court of Appeals is considered. In lieu of granting leave to appeal, the judgment of the Court of Appeals is REVERSED, and the order of Delta County Circuit Court granting the plaintiff’s motion for summary disposition is REINSTATED. The plaintiff established a causal link between her injury and the motor vehicle. The box of pasties she was unloading from her car snagged on the front seat and she hurt her back trying to free the box up to lift it out. Putkamer v.Transamerica Insurance, 454 Mich. 626 (1997).

Young, Jr., J., states as follows:

I would deny leave. In my view, the Court of Appeals properly concluded that plaintiff’s injury was not causally connected to the use of the vehicle as a motor vehicle.

Taylor, J., would grant leave to appeal.

Markman, J., not participating.

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