Harkins v. State Farm Mutual Automobile Insurance

Plaintiff appeals as of right from the circuit court’s order of May 15, 1985, granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10), which dismissed plaintiffs action for no-fault insurance benefits under MCL 500.3101 et seq.; MSA 24.13101 et seq.

On December 26, 1983, plaintiff parked his 1973 Plymouth in his garage and, after exiting from the vehicle, attempted to close the garage door. His hand slipped and he fell to the ground fracturing his hip. Plaintiff demanded payment for his damages from defendant, his no-fault automobile insurance carrier. Upon notice of…