HAYDEN v. GOKENBACH

Docket No. 104905.

179 Mich. App. 594 (1989)

446 N.W.2d 332

HAYDEN v. GOKENBACH

Michigan Court of Appeals.

Decided August 21, 1989.


Attorney(s) appearing for the Case

Law Offices of Ben Shapero, P.C. (by David W. Martin), for plaintiff.

Cummings, McClorey, Davis & Acho, P.C. (by Timothy Young and Marcia L. Howe), for Hartford Accident & Indemnity Company.

Before: CYNAR, P.J., and SHEPHERD and MARILYN KELLY, JJ.


MARILYN KELLY, J.

Plaintiff appeals an order of the Macomb Circuit Court quashing service of process by substituted means and dismissing the complaint. This case questions whether service of process may be made on a missing defendant by obtaining substituted service on the insurer which ultimately will be liable should plaintiff prevail. We respond affirmatively and remand.

Plaintiff, Kermit Hayden, was an independent trucker who owned his own tractor-trailer...

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