NAT. BEN FRANKLIN INS. CO. v. BAKHAUS CONTRACTORS, INC.

Docket No. 53248.

124 Mich. App. 510 (1983)

335 N.W.2d 70

NATIONAL BEN FRANKLIN INSURANCE COMPANY v. BAKHAUS CONTRACTORS, INC.

Michigan Court of Appeals.

Decided April 5, 1983.


Attorney(s) appearing for the Case

Denenberg, Tuffley, Thorpe, Bocan & Patrick (by Susan Tukel), for plaintiff.

Coticchio, Zotter & Sullivan, P.C. (by G.W. Coticchio), for defendant.

Before: V.J. BRENNAN, P.J., and M.J. KELLY and J.M. GRAVES, JJ.


M.J. KELLY, J.

Plaintiff appeals as of right from the trial court's grant of summary judgment in favor of defendant.

Plaintiff's subrogor, Colwell Equipment Company, owned a loader/backhoe ("loader") which it loaned to defendant in exchange for a consideration. Defendant picked up the loader at Colwell Equipment Company and it was loaded onto defendant's tractor. While defendant was transporting the loader on a public roadway, it struck the underside of an...

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