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WHITE v. TAYLOR DISTRIBUTING CO.

Docket No. 272114.

739 N.W.2d 132 (2007)

275 Mich. App. 615

Sherita WHITE and Derrick White, Plaintiffs-Appellants, v. TAYLOR DISTRIBUTING COMPANY, INC., Penske Truck Leasing Company, L.P., and James J. Birkenheuer, Defendants-Appellees.

Court of Appeals of Michigan.

Decided May 24, 2007, at 9:00 a.m.

Released for Publication September 28, 2007.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto), and Gursten, Koltonow, Gursten, Christensen & Raitt, P.C. (by Steven M. Gursten), Royal Oak, Southfield, for the plaintiffs.

Kopka, Pinkus, Dolin & Eads, P.L.C. (by John T. Eads, III and John M. Callahan), Farmington Hills, for the defendants.

Before: MARKEY, P.J., and MURPHY and KELLY, JJ.

MURPHY, J.

Plaintiffs appeal as of right the trial court's order granting defendants' motion for summary disposition under MCR 2.116(C)(10) on the basis of the sudden-emergency doctrine. This is a negligence action arising from a motor vehicle accident in which a van driven by plaintiff Sherita White (White) was struck from behind by a tractor-trailer operated by defendant James Birkenheuer after Birkenheuer allegedly blacked out. We reverse, concluding that crucial...

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