Heard v. State Farm Mutual Automobile Insurance

Plaintiff drove his uninsured car to a self-serve gas station. As plaintiff pumped gasoline into his car, a car driven by defendant’s insured struck plaintiff. The two vehicles never collided. Plaintiff requested no-fault benefits from defendant, claiming that his car was not connected with the accident. There was no claim of "serious impairment of body function” under MCL 500.3135; MSA 24.13135. Upon defendant’s refusal to make payments, plaintiff filed suit. Defendant brought a motion for summary judgment pursuant to GCR 1963, 117.2(1). From the grant of summary judgment to defendant,…