How cited: McPHERSON v. McPHERSON · Go Syfert

McPHERSON v. McPHERSON (2013)

green · 107 citation events across 3 courts. Showing the 15 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2013 → 2026 · click a year to view the case as of then
201320192026
Rule Authority · Mich. Ct. App. · 3 citations in this opinion
“Regarding the degree of causation between the injury and the use of the motor vehicle that must be shown, this Court has established that an injury arises out of the use of a motor vehicle as a motor vehicle when the causal connection between the injury and the use of a motor vehicle as a motor vehicle is more than incidental, fortuitous, or ‘but for.’ ” McPherson, 493 Mich at 297 (quotation marks and citation omitted). -2- In McPherson, our Supreme Court analyzed the “aris…
quotation marks and citation omitted
Rule Authority · E.D. Mich. · 2 citations in this opinion
McPherson, 493 Mich. at 295-98 (bold italics added).
bold italics added
Rule Authority · E.D. Mich.
And an injury arises out of the use of a motor vehicle only when “the causal connection between the injury and the use of a motor vehicle... is more than incidental, fortuitous, or ‘but for.” McPherson v. McPherson, 831 N.W.2d 219, 220 (Mich. 2018) (quoting Thornton v. Allstate Ins.
quoting Thornton v. Allstate Ins. Co., 391 N.W.2d 320 (Mich. 1986)
Rule Authority · Mich.
The “almost-any” standard is discredited and inconsistent with current law to the extent it suggests a plaintiff may meet the statutory causation requirement without proving the causal connection was “more than incidental, fortuitous, or but for.” See McPherson v McPherson, 493 Mich 294, 299 (2013).
Rule Authority · Mich.
The “almost-any” standard is discredited and inconsistent with current law to the extent it suggests a plaintiff may meet the statutory causation requirement without proving the causal connection was “more than incidental, fortuitous, or but for.” See McPherson v McPherson, 493 Mich 294, 299 (2013).
Rule Authority · Mich.
The “almost-any” standard is discredited and inconsistent with current law to the extent it suggests a plaintiff may meet the statutory causation requirement without proving the causal connection was “more than incidental, fortuitous, or but for.” See McPherson v McPherson, 493 Mich 294, 299 (2013).
Cited · Mich. Ct. App. · signal: see · 2 citations in this opinion
See McPherson, 493 Mich at 298-299 .
Cited (see also) · Mich. Ct. App. · signal: see, e.g.
See e.g., McPherson v McPherson, 493 Mich 294 , 298- 299; 831 NW2d 219 (2013).
Cited (see also) · Mich. Ct. App. · signal: see, e.g.
See e.g., McPherson v McPherson, 493 Mich 294 , 298- 299; 831 NW2d 219 (2013). -6- As an initial matter, we note that, in moving for summary disposition, defendant contended that plaintiff failed to present objective evidence of an injury.
Cited (see also) · Mich. Ct. App. · signal: see, e.g.
See, e.g., McPherson, 493 Mich at 298-299 .
Cited · Mich. Ct. App. · signal: see
See McPherson v McPherson, 493 Mich 294 , 297 n 4; 831 NW2d 219 (2013).
Cited · Mich. Ct. App. · signal: see
See id. -5- Plaintiff relies on Scott v State Farm Mut Auto Ins Co, 278 Mich App 578 ; 751 NW2d 51 (2008), vacated in part by 482 Mich 1074 (2008), to support its argument that the evidence supported a finding that Wheeler’s 2013 injury arose from the 1989 accident.
Cited · Mich. Ct. App. · signal: see
See id. -5- Plaintiff relies on Scott v State Farm Mut Auto Ins Co, 278 Mich App 578 ; 751 NW2d 51 (2008), vacated in part by 482 Mich 1074 (2008), to support its argument that the evidence supported a finding that Wheeler’s 2013 injury arose from the 1989 accident.
Cited (see also) · Mich. Ct. App. · signal: see also
See also McPherson v McPherson, 493 Mich 294, 299 ; 831 NW2d 219 (2013). 2 We do not suggest approval of the specific language drafted by plaintiff and submitted to the trial court as a proposed instruction. -5- Moreover, on the facts of this case, even if the court should have given some instruction on the significance of a pre-existing injury, we conclude that the trial court’s failure to give such an instruction does not require reversal.
Cited (see also) · Mich. Ct. App. · signal: see also
Rather, the evidence established that the causal connection between the motorcyclist’s injuries and the motor vehicle was merely incidental, fortuitous, or “but for.” Thornton v Allstate Ins Co, 425 Mich 643, 659 ; 391 NW2d 320 (1986); see also McPherson v McPherson, 493 Mich 294, 297 ; 831 NW2d 219 (2013).