JAMES v. ALBERTS

Docket No. 195751.

594 N.W.2d 848 (1999)

234 Mich. App. 417

David A. JAMES, Plaintiff-Appellant, v. Roy ALBERTS, Defendant-Appellee.

Court of Appeals of Michigan.

Order Denying Special Panel March 23, 1999.

Decided March 9, 1999, at 9:00 a.m.

Released for Publication June 10, 1999.


Attorney(s) appearing for the Case

Frank R. Langton & Associates, P.C. (by Douglas J. Maskin), Sterling Heights, for the plaintiff.

Braun Kendrick Finkbeiner, P.L.C. (by Michael E. Wooley), Bay City, for the defendant.

Before: SAAD, P.J., and WAHLS and GAGE, JJ.


SAAD, P.J.

Plaintiff filed a complaint against defendant seeking damages for injuries plaintiff suffered while voluntarily helping defendant dig a trench. The trial court granted summary disposition for defendant on the ground that the volunteer doctrine barred plaintiff's claim. MCR 2.116(C)(10). Reluctantly, we reverse and remand in accordance with a binding precedent set by this Court.

In Ryder Truck Rental, Inc. v. Urbane, 228...

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