Court grants summary disposition to insurer arguing that first accident did not contribute to injuries suffered in second collision

In McQueen v Renali Transport, LLC, the Plaintiff sued to recover No Fault PIP benefits after she was involved in a two motor vehicle collisions in the last three months of 2010.  She sued both her mother's insurer, the Auto Club, and the medical transportation company that was transporting her at the time of the second collision.  The Auto Club sought summary disposition, arguing that as a commercial vehicle, the transport company owed a higher priority duty to pay PIP benefits arising out of the second collision.  McQueen's attorneys argued that there were legitimate questions of fact with regard to whether both collisions played a role in her need for PIP benefits, and therefore the Auto Club should not be dismissed.  The Court of Appeals sided with the Auto Club and held that even if the second collision aggravated injuries suffered in the first collision, the Auto Club should be summarily dismissed from the litigation related to expenses incurred after the second collision.