|
|
Monday, February 20, 2012
By Michael Nichols
Categories: Wendy M. Schiller-Nichols
The case of Marcoux v Home Owners Insurance (unpublished) involved a snowmobiler who smashed into the rear-end of a parked van sustaining serious injuries. The circuit court concluded that the owner of the van did not park his van in a manner, location or fashion that created an unreasonable risk of bodily injury and, therefore, was not responsible to the snowmobiler who smashed into the rear-end of the white van. In the early morning, the driver of the snowmobile (Marcoux) gave a friend a ride home on a borrowed snowmobile. As they traveled across the lake, they hit a bump and the headlight fell out and no longer worked. After dropping off the friend, Marcoux continued on to his home. As he traveled down a two lane residential street with a 25 mph speed limit, he did not see the white van that was partially blocking the southbound lane, and smashed into the rear-end causing serious injuries to himself. Marcoux filed a lawsuit against the owner of the van for PIP benefits (personal injury protection) under the No-Fault act. PIP benefits will pay for lost wages for up to 3 years, medical bills for life, attendant care and replacement services. Marcoux argued that the van was parked in a manner that created an unreasonable risk of bodily injury (since it was blocking half of the southbound lane). It appears that when the police arrived on the scene, they were able to see the van from a distance of 310 feet. The Circuit Court held that the owner of the van (or the owner’s insurance company, Home Owners) was not liable for PIP benefits. The Court looked at factors such as the manner, location and fashion that the van was parked. The Court reasoned that because it was a lightly traveled, residential road, the approaching drivers had ample opportunity to observe the van and, therefore, could have avoided the van by either moving into the other lane or stopping behind the van and waiting for oncoming traffic to clear before going around the van. The Court of Appeals agreed.
If you have been injured in a snowmobile, or other accident, call Wendy Schiller-Nichols at 517-432-9000.