Daubenspeck v. Auto Club of Michigan

In Daubenspeck v. Auto Club of Michigan, 179 Mich App 453, 454-455; 446 NW2d 292 (1989) the plaintiff slipped on ice located between his car and a gas pump, after he finished pumping gas and before replacing the gas cap, the Court concluded that "even assuming that the act of refueling constitutes maintenance, the connection between the act of pumping gas and plaintiff's slip and fall was merely incidental, fortuitous, or 'but for.' Plaintiff was injured by losing his footing on a patch of ice, an injury which could 'just as well have occurred elsewhere.'" Daubenspeck, supra at 455.