Opinion
Docket No. 6,492.
Decided May 26, 1969. Leave to appeal denied February 17, 1970. See 383 Mich. 766.
Appeal from Genesee, Donald R. Freeman, J. Submitted Division 2 May 6, 1969, at Lansing. (Docket No. 6,492.) Decided May 26, 1969. Leave to appeal denied February 17, 1970. See 383 Mich. 766.
Complaint by Clifford Hatfield against Fred H. Thompson for personal injuries sustained in automobile collision. Defendant's motion for summary judgment granted. Plaintiff appeals. Affirmed.
Howard C. Fisher, for plaintiff.
Brownell, Gault Andrews ( Douglas M. Philpott, of counsel), for defendant.
BEFORE: LESINSKI, C.J., and QUINN and DANHOF, JJ.
Plaintiff and defendant are fellow employees. Their cars collided on the employer-owned parking lot as they were leaving the premises during lunch hour. Plaintiff was injured and filed an action for personal injuries. Defendant moved for accelerated judgment or summary judgment under GCR 1963, 116.1(1) and 117.2(1) on the basis that plaintiff's exclusive remedy was under the workmen's compensation act. The motion was granted and plaintiff appeals.
CL 1948, § 411.1 et seq. (Stat Ann 1968 Rev § 17.141 et seq.).
Plaintiff concedes that the trial court was correct on the authority of Ladner v. Vander Band (1965), 376 Mich. 321, and Simerka v. Pridemore (1968), 380 Mich. 250, and in effect requests this Court to overrule Ladner and Simerka. We have no authority to do so.
Affirmed with costs to defendant.