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MACKIE v. GRAND TRUNK W R CO

Docket Nos. 147321, 148509.

215 Mich. App. 20 (1996)

544 N.W.2d 709

MACKIE v. GRAND TRUNK WESTERN RAILROAD COMPANY

Michigan Court of Appeals.

Decided January 12, 1996, at 9:10 A.M.

Attorney(s) appearing for the Case

Abood, Abood & Rheaume, P.C. (by William E. Rheaume, Joseph D. Reid, and Andrew P. Abood), and Reid & Reid (by John Fifarek and Colleen Reid), for James B. Mackie.

Fraser Trebilcock Davis & Foster, P.C. (by Everett R. Trebilcock, Kathleen E. Kane, and Michael E. Cavanaugh), for Grand Trunk Western Railroad Co.

Michael F. Skinner and Colleen C. Cohan, for Blue Cross and Blue Shield of Michigan.

Before: BANDSTRA, P.J., and MARKEY and J.T. HAMMOND, JJ.

PER CURIAM.

Defendant appeals following a jury verdict for plaintiff. Blue Cross and Blue Shield of Michigan (BCBS) appeals by leave granted from the denial of its motion to intervene. The appeals were consolidated. We reverse and remand for a new trial. We further order that BCBS be allowed to intervene for purposes of further proceedings below.

On September 11, 1987, plaintiff was seriously injured when he fell while riding his bicycle near defendant's railroad...

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