GWENDOLYN NEILL V MEEMIC INS CO
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STATE OF MICHIGAN
COURT OF APPEALS
GWENDOLYN NEILL, Personal Representative
of the Estate of WILLIAM NEILL, Deceased,
UNPUBLISHED
April 7, 2009
Plaintiff-Appellant,
v
No. 281293
Macomb Circuit Court
LC No. 2007-000535-NF
MEEMIC INSURANCE COMPANY,
Defendant,
and
PROGRESSIVE MICHIGAN INSURANCE
COMPANY,
Defendant-Appellee.
Before: Sawyer, P.J., and Servitto and M. J. Kelly, JJ.
M. J. KELLY, J. (concurring).
I agree that the trial court properly granted summary disposition in favor of defendant
Progressive Michigan Insurance Company. Plaintiff failed to rebut the record evidence that
decedent was loading or unloading the vehicle when the accident occurred. Therefore, plaintiff’s
claim was barred under MCL 500.3106(2). For that reason, I concur in the result. However, I
write separately to express my view that, under the unique facts of this case, I conclude that there
is a question of fact as to whether “the vehicle was parked in such a way as to cause
unreasonable risk of bodily injury which occurred.” See MCL 500.3106(1)(a).
/s/ Michael J. Kelly
-1-
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