Donna Davis v. Ronald Scott Baldini

Summary

The Michigan Court of Appeals reverses a summary-disposition order dismissing Donna Davis’s claim for noneconomic damages arising from a motor-vehicle collision. The court holds that a genuine issue of material fact existed regarding whether Davis constructively owned the vehicle under Michigan’s no-fault statute, despite her use of the vehicle as an excluded driver under the insurance policy. The case is remanded for further proceedings, including consideration of whether Davis established a threshold injury.

Holdings

1. A validly excluded driver's operation of the insured vehicle renders the vehicle uninsured as to that driver, so the driver's ability to recover noneconomic damages under MCL 500.3135(2)(c) turns on whether the driver was an owner of the vehicle.
2. Summary disposition was improper because, viewing the evidence in Davis's favor, a genuine issue of material fact existed regarding whether her use of the vehicle was proprietary or possessory and therefore constituted constructive ownership under MCL 500.3101(3)(l)(i).
3. The threshold-injury issue was not before the Court because the trial court did not reach it after granting summary disposition on ownership grounds.

Questions Presented

1. Whether Davis's use of her daughter's vehicle created a genuine issue of material fact regarding whether she was an owner under MCL 500.3101(3)(l)(i).
2. Whether summary disposition was proper on Davis's claim for noneconomic damages under MCL 500.3135(2)(c).

Disposition

reversed_and_remanded