Mullins v. Wayne County

(for reversal). Plaintiff’s complaint was dismissed before trial on defendant county’s motion for summary judgment. The motion for summary judgment, filed, pursuant to GCR 1963, 117.2(1), asserted that the complaint failed to state a claim upon which relief could be granted. It was, in other words, the equivalent of that which, under our former bench practice, would have been presented by a motion to dismiss for failure to state a cause of action. See Durant v. Stahlin (Appeal in re Van Dusen, Elliott, Romney) (1965), 375 Mich 628, 642-644.

Plaintiff, as special administratrix of the estate of…