Noble v. Roadway Express, Inc

This is an appeal and cross-appeal from an order of summary judgment under GCR 1963, 117.2(3) in favor of defendants Fred Hartel and Roadway Express, Inc. The plaintiffs’ complaint stated one count of negligence against each of the defendants. We reverse the summary judgment order and remand for further proceedings.

On May 20, 1983, defendant Hartel delivered six gasoline pumps to Eastside Marathon. The delivery was made in the course of his employment with defendant Roadway Express. Each of the pumps weighed in excess of five hundred pounds. Roadway’s truck was apparently not equipped with a…