Gardner v. McDonagh

Full title: GARDNER v McDONAGH

Court: Michigan Court of Appeals

Date published: Feb 18, 1983

333 N.W.2d 568 (Mich. Ct. App. 1983)

333 N.W.2d 568

Opinion

Docket No. 61938.

Decided February 18, 1983.

Romulus Di Teodore, and Kenneth N. Kramer (of counsel), for plaintiff.

Plunkett, Cooney, Rutt, Watters, Stanczyk Pedersen, P.C. (by John P. Jacobs), for defendants.

Before: DANHOF, C.J., and J.H. GILLIS and H.E. DEMING,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Defendant, H.F. Murray, Ltd., doing business as Flannery's Car Hire (hereinafter H.F. Murray), appeals by leave granted from the circuit court's order denying its motion for accelerated judgment. GCR 1963, 116.1(1).

Upon a review of the record and briefs, including the affidavits submitted by the parties, we find that the plaintiff failed to carry her burden of establishing the facts necessary to create personal jurisdiction over defendant H.F. Murray. International Shoe Co v Washington, 326 U.S. 310; 66 S Ct 154; 90 L Ed 95 (1945); Khalaf v Bankers Shippers Ins Co, 404 Mich. 134; 273 N.W.2d 811 (1978); Avery v American Honda Motor Car Co, 120 Mich. App. 222; 327 N.W.2d 447 (1982); MCL 600.715; MSA 27A.715.

The trial court erred in failing to grant accelerated judgment to defendant H.F. Murray.

Reversed and remanded.