Legal Opinion · Concurring in part, dissenting in part

Said v. Rouge Steel Co.

Michigan Court of Appeals

Decided March 6, 1995No. Docket 149367Published

1Concurring in part, dissenting in partMichael J. Kelly, J.

To the extent the lead opinion affirms the grant of summary disposition, I concur in the result.

In all other respects, I dissent and would affirm for three reasons:

1. Plaintiffs claim for injuries sustained on November 4, 1986, in the course of his employment as a crewman aboard defendant’s vessel was litigated in federal court. The complaint included a claim for maintenance and cure, and a terse two-paragraph judgment was entered that did not preserve, leave open, exclude, mention, or otherwise refer to any ongoing claim for maintenance and cure.

2. If plaintiff has any claim for maintenance…

2Cases cited2 opinions

  1. Trupski v. KanarMichigan Supreme Court · 1962
  2. Walker v. WalkerMichigan Court of Appeals · 1986

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