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MOYSES v. SPARTAN ASPHALT PAVING CO.

Calendar No. 10, Docket Nos. 52,323, 52,324.

383 Mich. 314 (1970)

174 N.W.2d 797

MOYSES v. SPARTAN ASPHALT PAVING COMPANY. SPARTAN ASPHALT PAVING COMPANY v. RUSS ZUKER TIRE SERVICE, INC.

Supreme Court of Michigan.

Decided March 12, 1970.

Attorney(s) appearing for the Case

Glassen, Parr, Rhead & McLean, for plaintiffs.

Foster, Campbell, Lindemer & McGurrin (John L. Collins, of counsel), for Spartan Asphalt Paving Company.

Fraser, Trebilcock, Davis & Foster, for Michelin Tire Corporation.

BLACK, J.

These suits, pending now in the Ingham circuit, started out as actions for negligence. Plaintiff Gorman Moyses' suit arose out of a head-on collision of primary defendant Spartan's dump truck with his Willys station wagon.1 The right of action pleaded by him accrued in 1965. The present appeal being here upon pleadings only, we observe from the face thereof that there can be little question of primary liability of primary defendant...

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