SCHENK v. MERCURY MARINE DIV.

Docket No. 81104.

155 Mich. App. 20 (1986)

399 N.W.2d 428

SCHENK v. MERCURY MARINE DIVISION, LOWE INDUSTRIES

Michigan Court of Appeals.

Decided October 6, 1986.


Attorney(s) appearing for the Case

Schenk, Boncher & Prasher (by Dan E. Bylenga, Jr.), for plaintiff.

Linsey, Strain & Worsfold, P.C. (by Donald R. Worsfold), for Robert Langeland.

Before: M.J. KELLY, P.J., and R.M. MAHER and H.W. MOES, JJ.


H.W. MOES, J.

Plaintiff appeals as of right from the October 10, 1984, order granting defendant Robert Langeland's motion for summary judgment in this negligence action. Although the order does not expressly state the grounds upon which summary judgment was granted, a review of the trial court's oral findings and conclusions reveals that it was grounded upon GCR 1963, 117.2(1), now MCR 2.116(C)(8), failure to state a claim upon which relief can be granted.

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