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EVERSMAN v. CONCRETE CUTTING & BREAKING

Docket No. 109977, Calendar No. 3.

614 N.W.2d 862 (2000)

463 Mich. 86

Harry EVERSMAN, Plaintiff-Appellee, and Auto-Owners Insurance Company, Intervening Plaintiff-Appellee, v. CONCRETE CUTTING & BREAKING and Transamerica Insurance Group, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 27, 2000.

Attorney(s) appearing for the Case

Wheeler Upham, P.C. (by Gary A. Maximiuk and Jack L. Hoffman), Grand Rapids, for intervening plaintiff-appellee Auto-Owners Insurance Company.

Lacey & Jones (by Gerald M. Marcinkoski), Birmingham, for defendants-appellants.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Mitchell J. Wood and Ray W. Cardew, Jr., Assistant Attorneys General, Lansing, for Second Injury Fund.

Martin L. Critchell, Detroit, for Michigan Manufacturers Association and Michigan Self-Insurers Association.

Opinion

WEAVER, C.J.

The question presented in this worker's compensation case is whether compensation for plaintiff's injury was barred by M.C.L. § 418.301(3); MSA 17.237(301)(3)1 where plaintiff was struck by a car as he returned to his motel after spending six hours visiting bars, drinking alcoholic beverages, playing pool and eating a meal. We reverse the judgment of the Court of Appeals and reinstate the decision of...

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