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SKIERA v. NATIONAL INDEMNITY CO.

Docket No. 94853.

165 Mich. App. 184 (1987)

418 N.W.2d 424

SKIERA v. NATIONAL INDEMNITY COMPANY

Michigan Court of Appeals.

Decided December 9, 1987.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian (by William H. Goodman and Mark Jacobs), for plaintiff.

Boyce, White & Werth (by Daniel W. White), for National Indemnity Company.

DuBois, Westerman & Cooper, P.C. (by Steve R. DuBois), for Auto-Owners Insurance Company.

Michael N. Freel, P.C. (by Michael N. Freel), for Lake States Mutual Insurance Company.

Collison, Chasnis, Dogger & Grierson, P.C. (by John A. Chasnis), for Michigan Mutual Insurance Company.

Before: CYNAR, P.J., and SAWYER and J.A. GILLIS, JJ.

PER CURIAM.

Plaintiff appeals from the trial court's granting of summary disposition in favor of defendants pursuant to MCR 2.116(C)(5) and (8), based upon plaintiff's lack of capacity to sue and the lack of an actual controversy. We affirm.

Plaintiff's decedent died as a result of injuries sustained in a motor vehicle accident in March, 1978. The decedent, Dennis Skiera, was a passenger in a tractor-trailer being driven by Leroy Nakoneczny and owned by Leroy...

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