Hamka v. Automobile Club

Hamka v. Automobile Club of Michigan

Hamka v. Auto. Club, 280 N.W.2d 512 (Mich. Ct. App. 1979)

Court: Michigan Court of Appeals · State Appellate Courts
Decided: March 23, 1979
Docket: No. 78-1315
Judges: Kaufman, Burns, Bashara
Citations: 280 N.W.2d 51289 Mich. App. 6441979 Mich. App. LEXIS 2111

Cited by 20 5 descriptions by later courts

Opinion — Per Curiam

Per Curiam.

Plaintiff sued to recover benefits *645 for an assault under a family automobile insurance policy. On March 10, 1978, defendant’s motion for summary judgment was granted by Wayne County Circuit Court Judge Thomas J. Foley. Plaintiff appeals by right.

The parties stipulated that on April 4, 1976, the plaintiff, Farid N. Hamka, was the owner and operator of a 1976 Pontiac Tempest which was stopped at the intersection of Canterbury and Tuxedo in the City of Dearborn. While he was sitting in his car at the above-stated location, one Abdul Berry walked up to the car, opened the driver’s door and struck the plaintiff in the nose with his fist. Thereafter, Mr. Berry left the scene and police officers from the Dearborn Police Department arrived and prepared an "incident report”. The plaintiff filed a formal complaint with the Dearborn Police Department and Mr. Berry was subsequently found guilty on an assault charge. At the time of his deposition, the plaintiff was asked if he knew why Mr. Berry assaulted him. He replied that two days prior to the assault, Mr. Berry had asked to use his car and the plaintiff had refused because Mr. Berry was intoxicated.

The trial judge properly granted defendant’s motion for summary judgment. The assault did not arise out of the ownership, operation, maintenance or use of plaintiff’s car as those terms are used in the insurance policy. See Kangas v Aetna Casualty & Surety Co, 64 Mich App 1 ; 235 NW2d 42 (1975), lv den 395 Mich 787 (1975).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

(plaintiff struck in the nose by a pedestrian's fist while plaintiff was sitting in his car at an intersection)

Thornton v. Allstate Ins., 391 N.W.2d 320 (Mich. 1986)

Cited by 20 cases

View all citing references →

Relies on it most ⓘ

Bourne v. Farmers Insurance Exchange534 N.W.2d 491 (Mich. 1995)
Troutman v. Detroit Automobile Inter-Insurance Exchange323 N.W.2d 711 (Mich. Ct. App. 1982)
Thornton v. Allstate Insurance391 N.W.2d 320 (Mich. 1986)
Detroit Automobile Inter-Insurance Exchange v. Higginbotham290 N.W.2d 414 (Mich. Ct. App. 1980)
Dowdy v. Motorland Insurance293 N.W.2d 782 (Mich. Ct. App. 1980)
Mann v. Detroit Automobile Inter-Insurance Exchange314 N.W.2d 719 (Mich. Ct. App. 1981)

Most recent

Morosini v. Citizens Insurance Co. of America568 N.W.2d 346 (Mich. Ct. App. 1997)
Bourne v. Farmers Insurance Exchange534 N.W.2d 491 (Mich. 1995)
Marzonie v. Auto Club Ins. Ass'n483 N.W.2d 413 (Mich. Ct. App. 1992)
Michigan Northern Railway Company v. Auto-Owners Insurance Company440 N.W.2d 108 (Mich. Ct. App. 1989)
Jones v. Allstate Insurance411 N.W.2d 457 (Mich. Ct. App. 1987)
Thornton v. Allstate Insurance391 N.W.2d 320 (Mich. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Kangas v. Aetna Cas. & Sur. Co., 235 N.W.2d 42 (Mich. Ct. App. 1975)	96

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