MICHELLE THOMAS V STATE FARM MUT INS CO

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STATE OF MICHIGAN COURT OF APPEALS MICHELLE THOMAS, on behalf of CASSANDRA N. THOMAS, a minor, UNPUBLISHED April 17, 2008 Plaintiff-Appellee, v No. 276109 Monroe Circuit Court LC No. 02-014645-NF STATE FARM MUTUAL INSURANCE CO., Defendant/Cross-Defendant/CrossPlaintiff-Appellee, and FARM BUREAU GENERAL INSURANCE CO., Defendant/Cross-Plaintiff/CrossDefendant-Appellant. Before: Servitto, P.J., and Hoekstra and Markey, JJ. HOEKSTRA, J., (concurring). I concur with the majority in affirming the trial court’s holding that Cassandra Thomas was domiciled with her paternal grandmother, Patricia Uszynski, on the day she was injured in an automobile accident. I do so because our Supreme Court has held that every person is domiciled somewhere and that “very slight circumstances must often decide the question.” Beecher v Common Council of Detroit, 114 Mich 228, 230; 72 NW2d 206 (1897). Because everyone is domiciled somewhere, finding a person without a domicile due to transitory circumstances is not an option, even though, in my opinion, the facts in this case strongly support such a holding. Consequently, on the required evidentiary fact question, I agree that the trial court did not clearly err in finding that Thomas was domiciled with Uszynski on the day of the accident. Ligon v Detroit, 276 Mich App 120, 124; 739 NW2d 900 (2007); Goldstein v Progressive Cas Ins Co, 218 Mich App 105, 111; 553 NW2d 353 (1996). /s/ Joel P. Hoekstra -1-

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