SCHALK v. MICH. SEWER CONST. CO.

Docket No. 21083.

62 Mich. App. 658 (1975)

233 N.W.2d 825

SCHALK v. MICHIGAN SEWER CONSTRUCTION COMPANY

Michigan Court of Appeals.

Decided July 22, 1975.


Attorney(s) appearing for the Case

Kauflin & Elliott, for plaintiffs Schalk.

Vandeveer, Garzia, Tonkin, Kerr and Heaphy, P.C., for intervening-plaintiff Aetna Casualty and Surety Company.

Richard A. Harvey, for defendant Michigan Sewer Construction Company.

Before: BASHARA P.J., and J.H. GILLIS and M.F. CAVANAGH, JJ.


Leave to appeal applied for.

J.H. GILLIS, J.

Plaintiff-appellee, Allen Schalk, received severe injuries which arose out of and in the course of his employment. Appellant, workmen's compensation insurance carrier of Allen Schalk's employer, paid appellee's medical expenses and compensation award from the date of the injury to the date of Schalk's action against the defendants.

The Schalks commenced a negligence action against the third-party defendant...

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