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SUMNER v. GEN. MOTORS CORP.

Docket No. 211094.

633 N.W.2d 1 (2001)

245 Mich. App. 653

Constance M. SUMNER and James R. Sumner, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 8, 2001, at 9:15 a.m.

Released for Publication June 27, 2001,

Attorney(s) appearing for the Case

Beltz & Kiley (by Charles D. Riley), Flint, for the plaintiffs.

Smith, Haughey, Rice & Roegge (by Marilyn S. Nickell Tyree), Grand Rapids, for the defendant.

Before DOCTOROFF, P.J., and O'CONNELL and WILDER, JJ.

O'CONNELL, J.

This case is before us on remand from the Supreme Court for reconsideration of our previous decision affirming the trial court's grant of summary disposition in favor of defendant under MCR 2.116(C)(10). On reconsideration, we reverse and remand for a new trial.

I. Background

The procedural history of this case is unusual. Plaintiffs brought an action against defendant in 1989, alleging that...

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