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GUNSELL v. RYAN

Docket No. 203180.

599 N.W.2d 767 (1999)

236 Mich. App. 204

Edward GUNSELL and Margaret Gunsell, Plaintiffs-Appellees, v. Frank RYAN, d/b/a Ryan Trucking, Defendant-Appellant, and Wayne Fenlon, Defendant.

Court of Appeals of Michigan.

Decided June 15, 1999, at 9:00 a.m.

Released for Publication October 1, 1999.

Attorney(s) appearing for the Case

Michael J. Kelly, for the plaintiffs. Flint.

O'Neill, Wallace & Doyle, P.C. (by Terence J. O'Neill), for Frank Ryan. Saginaw.

Before: HOEKSTRA, P.J., and DOCTOROFF and O'CONNELL, JJ.

PER CURIAM.

Defendant Frank Ryan (hereafter defendant) appeals as of right from a judgment entered pursuant to the jury's verdict in favor of plaintiffs. Because we find that plaintiffs should have brought this suit as a third-party claim under the no-fault act, M.C.L. § 500.3135; MSA 24.13135, we reverse.

I

Plaintiff Edward Gunsell1 injured his back while working as a mail dispatcher for the United States Postal...

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