ADRIAN DAVIDSON V AUTO-OWNERS INS CO
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
ADRIAN DAVIDSON,
UNPUBLISHED
March 25, 2008
Plaintiff-Appellant,
v
No. 275074
Wayne Circuit Court
LC No. 05-534782-NF
AUTO-OWNERS INSURANCE COMPANY,
Defendant-Appellee,
and
PROGRESSIVE MICHIGAN INSURANCE
COMPANY,
Defendant.
Before: Fitzgerald, P.J., and Murphy and Borrello, JJ.
PER CURIAM.
Plaintiff Adrian Davidson appeals as of right the trial court’s order granting defendant
Auto-Owners Insurance Company’s motion for summary disposition. Because we are
constrained by MCR 7.215(J)(1) to follow this Court’s opinion in Cooke v Ins Co of the State of
Pennsylvania, 188 Mich App 453; 470 NW2d 432 (1991), and bound by our Supreme Court’s
adoption of the definition of the phrase “accidental bodily injury” as articulated by Cooke in
Nehra v Provident Life & Accident Ins Co, 454 Mich 110; 559 NW2d 48 (1997), we affirm.
I. FACTS AND PROCEDURAL HISTORY
Plaintiff filed a complaint against defendants seeking to recover personal injury
protection benefits under Michigan’s no-fault statute, MCL 500.3101 et seq. The complaint
alleged that plaintiff was injured on February 28, 2005, while riding in a vehicle that was owned
by plaintiff’s employer and insured by defendant Auto-Owners.1
1
Plaintiff had no-fault insurance on his own vehicle through defendant Progressive. The parties
stipulated to dismiss plaintiff’s claim against Progressive.
-1-
The only evidence submitted by the parties consisted of excerpts from plaintiff’s June 8,
2006, deposition. In the deposition, plaintiff testified that on February 28, 2005, he was training
a new driver named Joe. The two men made deliveries for about thirteen hours that day, with
plaintiff riding in the passenger seat and Joe driving. The truck was a 1996 Volvo truck.
Plaintiff noticed that the passenger seat “had no suspension on it[.]” During the time on the road,
plaintiff gradually developed worsening pain in his lower back. He attributed his pain to the fact
that there were potholes on I-75 that caused the ride to be bumpy and to the fact that the men
drove the truck without a trailer, and “[t]ruck suspensions don’t work nearly as effective without
a trailer on.” The following day, plaintiff experienced significant pain in his lower back and
right leg.
Defendant Auto-Owners moved for summary disposition pursuant to MCR 2.116(C)(9)
and (10), arguing that it was not liable to pay benefits to plaintiff because plaintiff’s injury was
not attributable to a single identifiable event, and an insurer is only required to pay benefits for
injuries sustained in a single accident with an identifiable temporal and spatial location. AutoOwners contended that plaintiff was not involved in an accident because the injury to his back
occurred over the course of a day of riding in the truck and could therefore not be attributed to a
single identifiable event.
Plaintiff argued that he was entitled to recover benefits under MCL 500.3105 because the
statute, when strictly construed, only requires the injury to be accidental and arise out of the
operation of a motor vehicle as a motor vehicle. Plaintiff’s injuries occurred over the course of a
single day, not months or years. In any event, MCL 500.3105 does not require that plaintiff’s
injuries were the result of a single identifiable event. Plaintiff was entitled to benefits because
his injury occurred while he was a passenger riding in the truck and the injury was accidental, as
opposed to intentional.
Relying on this Court’s decisions in Wheeler v Tucker Freight Lines Co, Inc, 125 Mich
App 123; 336 NW2d 14 (1983), and Cooke, supra, the trial court granted defendant’s motion for
summary disposition.
II. ANALYSIS
Plaintiff seeks to recover benefits under MCL 500.3105. MCL 500.3105 provides, in
relevant part:
(1) Under personal protection insurance an insurer is liable to pay benefits
for accidental bodily injury arising out of the ownership, operation, maintenance
or use of a motor vehicle as a motor vehicle, subject to the provisions of this
chapter.
***
(4) Bodily injury is accidental as to a person claiming personal protection
insurance benefits unless suffered intentionally by the injured person or caused
intentionally by the claimant. Even though a person knows that bodily injury is
substantially certain to be caused by his act or omission, he does not cause or
-2-
suffer injury intentionally if he acts or refrains from acting for the purpose of
averting injury to property or to any person including himself.
The issue in this case is whether plaintiff’s injury constitutes an accidental bodily injury
under the no-fault act. In a line of cases starting with Wheeler, this Court has required an
accidental bodily injury to have an identifiable temporal and spatial proximity and has denied
benefits to plaintiffs whose injuries did not result from a single identifiable event or accident. In
Wheeler, the plaintiff was employed as a truck driver. Wheeler, supra at 124. “The rigors of
truck driving, protracted over 19 years, eventually took their toll on Mr. Wheeler’s back,
disabling him completely by late 1979.” Id. This Court held that the progressive degenerative
injury was “not attributable to a single accident” and was therefore not an accidental bodily
injury compensable under the no-fault act. Id. at 128. This Court explained:
Plaintiffs argue that under [§ 3105(4)] Mr. Wheeler suffered “accidental”
bodily injury. A literal reading of the statutory definition does support plaintiffs’
position. Mr. Wheeler neither “suffered intentionally” nor “caused intentionally”
the injury to his back. Nevertheless, we may depart from a literal construction of
a statutory provision where such a construction is inconsistent with the policies
and purposes of the act as a whole. . . . We believe that to construe [§ 3105(4)]
literally to embrace Mr. Wheeler’s injury would conflict with the underlying
purpose of the no-fault act. We, therefore, decline to adopt such an interpretation.
We believe that the purpose of the no-fault insurance act is to provide
compensation for injuries attributable to a specific event, that is, to an identifiable
“accident”. . . . Our review of the no-fault act has uncovered numerous provisions
using the term “accident” or “accidents”. More importantly, many provisions of
the act contemplate an “accident” as an event having an identifiable spatial and
temporal location. Various provisions of the no-fault act assume that the accident
occurred at a particular point in time. . . .
***
Reading the no-fault act as a whole, we conclude that the Legislature
intended to authorize the payment of personal protection insurance benefits only
for an injury sustained in a single accident, having a temporal and spatial location.
Accordingly, we hold that “accidental bodily injury” as that phrase is used in the
no-fault act is an injury resulting from only such an accident. [Id. at 126-128
(footnote omitted).]
This Court relied on the holding in Wheeler in denying benefits to the plaintiff in Cooke.
In Cooke, the plaintiff, a truck driver, developed leg pain while driving from Grand Rapids to
Colorado. Cooke, supra at 454. He was diagnosed with thrombophlebitis and deep vein
thrombosis and sued to recover no-fault benefits. Id. The trial court granted the defendant’s
motion for summary disposition. On appeal, defendant argued that the plaintiff’s injury did not
“have a temporal and spatial relationship to a single accident.” Id. Relying on Wheeler, this
Court affirmed summary disposition in the defendant’s favor, affirmed, stating:
-3-
There is [nothing] tying plaintiff’s disability to a specific time and place.
All the medical evidence in the record indicates that plaintiff’s injury arose from
the long periods of time he spent sitting.
Under these circumstances, the court did not err in granting defendants’
motions on the ground that the injury was not attributable to a single identifiable
event or accident. [Id. at 455.]
In Nehra, the Supreme Court approved Wheeler’s definition of the phrase “accidental
bodily injury,” although not in the context of the no-fault act. The plaintiff, a dentist, developed
disabling bilateral carpal tunnel syndrome due to “prolonged repetition of hand movements.”
Nehra, supra at 113, 117. He had disability insurance under a policy that afforded coverage for
“accidental bodily injuries[.]” Id. at 112. Relying on no-fault insurance cases construing the
phrase “accidental bodily injury,” specifically Wheeler and Mollitor v Associated Truck Lines,
140 Mich App 431; 364 NW2d 344 (1985), the trial court determined that the plaintiff had not
suffered an accidental bodily injury. Id. at 114. The Supreme Court affirmed because the
plaintiff had not suffered a “discrete injury” and “[n]o single event caused the disability.” Id. at
117. In so holding, the Court noted that the word “accidental” “is not ambiguous insofar as its
ordinary meaning includes the temporal and spatial elements discussed in the no-fault cases. . . .
Without the temporal/spatial component, the word ‘accidental’ adds almost nothing to the phrase
‘accidental bodily injuries.’” Id. at 117-118.
The crux of plaintiff’s argument on appeal is that Wheeler and its progeny should not be
followed because Wheeler is not binding precedent under MCR 7.215(J)(1) and because the
Wheeler Court utilized a principle of statutory construction that is not favored today. When this
Court decided Wheeler, it was acceptable to disregard a literal construction of a statute that
produced an unreasonable and unjust result that was inconsistent with the purpose of an act.
Rowell v Security Steel Processing Co, 445 Mich 347, 354; 518 NW2d 409 (1994). However,
that rule of construction was abandoned in People v McIntire, 461 Mich 147, 155-156 n 2, 156 n
3; 599 NW2d 102 (1999). The law now requires that plain and unambiguous language be
enforced as written, People v Barbee, 470 Mich 283, 286; 681 NW2d 348 (2004), even if doing
so produces an absurd result. Taylor v Lansing Bd of Water & Light, 272 Mich App 200, 207;
725 NW2d 84 (2006). “[A]pplication of the absurd result rule is appropriate only when
attempting to determine the Legislature’s intent regarding an ambiguous statute; it cannot defeat
a statute’s clear meaning.” Houghton Lake Area Tourism & Convention Bureau v Wood, 255
Mich App 127, 143; 662 NW2d 758 (2003).2
If § 3105 is given its plain meaning, plaintiff’s injury qualifies as an “accidental bodily
2
Contrary to defendant’s assertion, the absurd result rule is not still recognized by the courts.
Although the rule was applied in Dewan v Khoury, 477 Mich 888, 890; 722 NW2d 215 (2006), it
was applied by Justice Kelly in her dissent. Justice Kelly advocates overruling McIntire and
reinstating the absurd result rule of construction. See, e.g., Cameron v Auto Club Ins Ass’n, 476
Mich 55, 109-127; 718 NW2d 784 (2006) (Kelly, J., dissenting).
-4-
injury” because plaintiff neither “suffered intentionally” nor “caused intentionally” his injuries.
See Wheeler, supra at 126. Pursuant to MCR 7.215(J)(1), however, this Court is required to
follow the rule of law announced in a published decision of the Court of Appeals that was issued
on or after November 1, 1990. Although Wheeler was decided before November 1, 1990, Cooke
was decided after that date, and we are thus bound to follow its rule interpreting “accidental
bodily injury” as being “attributable to a single identifiable event or accident.” Cooke, supra at
455. If not for the Supreme Court’s Nehra opinion, we would be inclined to rule in favor of
plaintiff and declare a conflict with Cooke under MCR 7.215(J)(2). However, we are
constrained from doing so by the Supreme Court’s adoption of the Wheeler Court’s definition of
“accidental bodily injury” in Nehra. “[A] decision of the majority of justices of the Michigan
Supreme Court is binding on lower courts[,]” including this Court. People v Beasley, 239 Mich
App 548, 559; 609 NW2d 581 (2000). While we find plaintiff’s arguments regarding this issue
to be compelling, we are not empowered to reject the Supreme Court’s adoption of the Wheeler
Court’s definition of “accidental bodily injury.” The Supreme Court alone can revisit this issue
if it so chooses. Accordingly, based on Wheeler and Nehra, we affirm the judgment of the trial
court.
Affirmed.
/s/ Stephen L. Borrello
I concur in result only.
/s/ E. Thomas Fitzgerald
-5-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.