JAMES v. ALBERTS

Docket No. 114454, Calendar No. 8.

626 N.W.2d 158 (2001)

464 Mich. 12

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

Supreme Court of Michigan.

Decided May 15, 2001.


Attorney(s) appearing for the Case

Martin L. Critchell, counsel, Detroit, MI, for plaintiff-appellee.

Braun, Kendrick, Finkbeiner, P.L.C. (by Scott C. Strattard), Saginaw, MI, for defendant-appellant.


Opinion

TAYLOR, J.

At issue is whether the volunteer doctrine bars plaintiff David James's premises liability action for injuries incurred while he assisted defendant Roy Alberts in digging a trench. The trial court granted summary disposition to Alberts on the basis of the volunteer doctrine, which generally states that the only duty owed to a volunteer is to refrain from injuring him by a wilful or wanton act. The Court of Appeals reversed because...

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