Burns v. Cowan's Friendly Serv

Full title: BURNS v. COWAN'S FRIENDLY SERVICE

Court: Michigan Court of Appeals

Date published: Feb 26, 1973

45 Mich. App. 371 (Mich. Ct. App. 1973)

206 N.W.2d 474

Opinion

Docket No. 13814.

Decided February 26, 1973.

Appeal from Wayne, Joseph A. Moynihan, J. Submitted Division 1 January 5, 1973, at Detroit. (Docket No. 13814.) Decided February 26, 1973.

Complaint by Barry K. Burns against Cowan's Friendly Service, Mobil Oil Corporation, and Uniroyal, Inc., for damages for personal injuries sustained in a tire explosion. Summary judgment for defendant Mobil Oil Corporation. Plaintiff appeals. Reversed and remanded.

Lopatin, Miller, Bindes, Tanielian Freeman (by Michael H. Feiler), for plaintiff.

Alexander, Buchanan Seavitt (by John N. Highland), for defendant.

Before: V.J. BRENNAN, P.J., and T.M. BURNS and ADAMS,^_ JJ.

_ Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.

PER CURIAM.

Defendant Mobil Oil Corporation sought summary judgment pursuant to GCR 1963, 117.2(1). From the record, it is obvious that the parties and the court proceeded as though the motion had been brought under GCR 1963, 117.2(3). The trial court's grant of defendant's motion must be reversed pursuant to Fecteau v. Wolco Homes, Inc, 385 Mich. 763 (1971), reversing 32 Mich. App. 21 (1971).

Reversed and remanded.