Mann v. Detroit Automobile Inter-Insurance Exchange

Plaintiff appeals the summary judgment entered in favor of defendant.

According to deposition testimony, an unidentified individual threw a stone at plaintiffs vehicle from an overpass as plaintiff was driving along a Detroit expressway in December, 1978. The object apparently hit the automobile’s hood and windshield. Plaintiff allegedly turned his neck sharply in a reflex action and sustained neck and shoulder injuries. Plaintiff filed a suit to collect no-fault benefits for lost wages and medical bills.

Defendant moved for summary judgment under GCR 1963, 117.2(3). Defendant claimed that the…