Kitchen v. State Farm Insurance

Plaintiffs appeal as of right from an order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(10). We affirm.

The facts are not in dispute. On February 14, 1989, Elisha Kitchen, then age six, was involved in a motor vehicle accident that rendered her a quadriplegic. At the time of the accident, Elisha’s parents (plaintiffs) were insured under a no-fault automobile insurance policy issued by defendant. Additionally, the Kitchen family was provided major medical insurance coverage by Sysco Frost-pack, the employer of Elisha’s father.

Elisha’s physicians determined that…