AUTO-OWNERS INS. CO. v. TURNER

Docket No. 70270.

135 Mich. App. 522 (1984)

354 N.W.2d 813

AUTO-OWNERS INSURANCE COMPANY v. TURNER

Michigan Court of Appeals.

Decided June 19, 1984.


Attorney(s) appearing for the Case

Joselyn, Rowe, Jamieson, Grinnan, Callahan & Hayes, P.C. (by Barry M. Feldman and James J. Hayes, Jr.), for plaintiff.

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Kathleen L. Bogas), for defendant.

Before: WAHLS, P.J., and BRONSON and N.J. KAUFMAN, JJ.


PER CURIAM.

Defendant appeals as of right from an order of the trial court granting summary judgment under GCR 1963, 117.2(3) to plaintiff in its action for declaratory relief.

Plaintiff is the insurer of an ice cream truck owned by Mr. Jolly, Inc. On June 16, 1979, this truck was parked in a street in Inkster, Michigan. After purchasing some ice cream, nine-year-old Craig Turner stood next to the truck, waiting for traffic to clear so that he could cross...

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