GERLING KONZERN ALLGEMEINE VERSICHERUNGS AG v. LAWSON

Docket No. 237284.

657 N.W.2d 143 (2002)

254 Mich. App. 241

GERLING KONZERN ALLGEMEINE VERSICHERUNGS AG, subrogee of the University of Michigan Regents, Plaintiff-Appellee, v. Cecil R. LAWSON and American Beauty Turf Nurseries, Inc., Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 3, 2002, at 9:15 a.m.

Released for Publication February 20, 2003.


Attorney(s) appearing for the Case

Lacey & Jones (by Michael T. Reinholm), Birmingham, for the plaintiff.

G.W. Caravas & Associates, P.C. (by Gary W. Caravas), and Kopka, Landau & Pinkus (by Mark L. Dolin), Clinton Township, Farmington Hills, for the defendants.

Before: COOPER, P.J., and JANSEN and R.J. DANHOF, JJ.


PER CURIAM.

Defendants appeal by leave granted the trial court's order denying leave to file a motion to dismiss pursuant to MCR 2.116(C)(8). We reverse and remand for entry of an order dismissing plaintiff's claim with prejudice.

This case arose from a traffic accident involving one vehicle occupied by Ricki Ash and James Nicastri; one vehicle driven by Barry Maus, who was employed by the University of Michigan Regents; and a semi truck driven by defendant...

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