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POCH v. ANDERSON

Docket No. 198938.

580 N.W.2d 456 (1998)

229 Mich. App. 40

Jeremy Louis POCH, Plaintiff-Appellant, v. Billy Joe ANDERSON, Jr., Billy Joe Anderson, Sr., and Billy Joe Anderson, d/b/a BJ's Classic Autos and BJ's Maxi Muffler, Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 27, 1998, at 9:00 a.m.

Released for Publication July 14, 1998.

Attorney(s) appearing for the Case

Thomas R. Lewis, Rogers City, for Plaintiff-Appellant.

Christopher F. Lindsay, Cheboygan, for Defendants-Appellees.

Before O'CONNELL, P.J., and MacKENZIE and GAGE, JJ.

GAGE, Judge.

In this action arising out of a one-vehicle automobile accident, plaintiff appeals as of right from an order granting summary disposition to defendants pursuant to MCR 2.116(C)(10). We reverse and remand.

Plaintiff, aged twenty-one, and nineteen-year-old defendant Billy Joe Anderson, Jr., (hereinafter the singular word "defendant" refers to Billy Joe Anderson, Jr.) started drinking together at a bar around 9:30 p.m. on the night of the automobile...

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