GORDON FOOD SERVICE v. GRAND RAPIDS MATERIAL

Docket No. 114555.

183 Mich. App. 241 (1989)

454 N.W.2d 137

GORDON FOOD SERVICE, INC v. GRAND RAPIDS MATERIAL HANDLING COMPANY

Michigan Court of Appeals.

Decided December 27, 1989.


Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi (by Mel I. Dickstein and Scott G. Johnson), and Schenk, Bonche & Prasher (by Gregory G. Prasher), for Gordon Food Service, Inc.

MacArthur, Cheatham & Acker, P.C. (by Richard L. MacArthur), and John A. Lydick, of Counsel, for Grand Rapids Material Handling Company and D & D Midwest Installation Company.

Before: CYNAR, P.J., and MARILYN KELLY and T.G. KAVANAGH, JJ.


PER CURIAM.

In this appeal by leave granted, we are asked to determine whether an insurer, as partial subrogee of its insured, is subject to necessary joinder in an action brought by its insured against those parties the insured alleges caused its losses. We find that it is and reverse.

Plaintiff Gordon Food Services, Inc., alleges that on July 28, 1986, it sustained in excess of $3 million in damages when 40,000 square feet of food storage rack collapsed...

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