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GUTIERREZ v. DAIRYLAND INS. CO.

Docket No. 50996.

110 Mich. App. 126 (1981)

312 N.W.2d 187

GUTIERREZ v. DAIRYLAND INSURANCE COMPANY.

Michigan Court of Appeals.

Decided October 6, 1981.

Attorney(s) appearing for the Case

McCroskey, Libner, Van Leuven, Feldman, Cochrane & Brock, P.C., for plaintiff.

Rhoades, McKee & Boer (by Michael J. Roberts), for Dairyland Insurance Company.

Dilley, Dewey & Waddell, P.C. (by Jonathan S. Damon), for Farm Bureau Mutual Insurance Company.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Joseph B. Bilitzke and Warren R. Snyder, Assistants Attorney General, for the Assigned Claims Facility.

Before: R.B. BURNS, P.J., and R.M. MAHER and J.T. KALLMAN, JJ.

R.M. MAHER, J.

Plaintiff appeals by right the orders of the trial court granting summary judgment in favor of all defendants pursuant to GCR 1963, 117.2(3).

On the afternoon of March 26, 1977, plaintiff Doroteo Gutierrez was performing his duties as a service station attendant at a Clark Service Station in Holland, Michigan. At approximately 3:50 p.m. he was standing behind a stationary 1970 Ford Falcon pumping gasoline into its fuel tank when a 1969 Dodge...

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