HILL v. FAIRCLOTH MFG. CO.

Docket Nos. 221335, 223694.

630 N.W.2d 640 (2001)

245 Mich. App. 710

Jack D. HILL, Deceased, by Edward F. Hill, Personal Representative, Plaintiff, and Automobile Club of Michigan, Intervening Plaintiff-Appellant, v. FAIRCLOTH MANUFACTURING COMPANY and the Accident Fund Company, Defendants-Appellees. Jeffrey L. Frazzini, Plaintiff-Appellant, Cross-Appellee, and AAA of Michigan, Intervening Plaintiff-Appellee, Cross-Appellant, v. Total Petroleum, Defendant-Appellee, Cross-Appellee.

Court of Appeals of Michigan.

Decided May 11, 2001, at 9:05 a.m.

Released for Publication July 10, 2001.


Attorney(s) appearing for the Case

Evans, Pletkovic & Rhodes, P.C. (by Jane S. Colombo), Huntington Woods, for Automobile Club of Michigan.

Richard B. Jenks, Southfield and Daryl Royal, Dearborn, of Counsel, for Jeffrey L. Frazzini.

Garan Lucow Miller, P.C. (by Daniel S. Saylor and Michael D. Wade ), Detroit, for AAA of Michigan.

Lacey & Jones (by Gerald M. Marcinkoski), Birmingham, for Faircloth Manufacturing Company and Accident Fund Company.

Roberts, Betz & Bloss, P.C. (by Gregory A. Block and Marshall W. Grate), Grand Rapids, for Total Petroleum, Inc.

Before SAAD, P.J., and WHITE and HOEKSTRA, JJ.


SAAD, P.J.

I. Nature of the Case

In these consolidated cases, employees petitioned for worker's compensation benefits for personal injuries they sustained in vehicular accidents. We granted leave to appeal in both cases to consider the narrow legal issue whether an employee may recover worker's compensation benefits for injuries sustained in a vehicular accident where the employee's diabetic seizure caused the accident.

In Hill, plaintiff...

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