Skiera v. National Indemnity Co.

Plaintiff appeals from the trial court’s granting of summary disposition in favor of defendants pursuant to MCR 2.116(C)(5) and (8), based upon plaintiff’s lack of capacity to sue and the lack of an actual controversy. We affirm.

Plaintiff’s decedent died as a result of injuries sustained in a motor vehicle accident in March, 1978. The decedent, Dennis Skiera, was a passenger in a tractor-trailer being driven by Leroy Nakoneczny and owned by Leroy’s brother, Jerome. At the time of the accident, Leroy was in the course of his employment with another brother, Richard (the vehicle was apparently…