Legal Opinion
Mathews v. Wosek
Michigan Court of Appeals
Decided February 21, 1973No. Docket 12080PublishedCited by 15 opinions
1Opinion of the CourtLevin, J.
The principal question is whether a partnership is immunized from liability for a tort committed by a partner personally immune from liability because he and the injured person were fellow servants.
The trial court directed a verdict in favor of the defendants on the day scheduled for trial. The plaintiffs appeal.
A motion for directed verdict is properly made at the close of the opposing party’s evidence. In this case a verdict was directed before the commencement of trial. We, therefore, treat the trial court’s action, for purposes of review, as a grant of summary judgment for failure to…
2Cases cited7 opinions
- Dale v. WhitemanMichigan Supreme Court · 1972
- Caplan v. CaplanNew York Court of Appeals · 1935
- David v. DavidCourt of Appeals of Maryland · 1932
- Eule v. Eule Motor SalesSupreme Court of New Jersey · 1961
- Sergeant v. KennedyMichigan Supreme Court · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Braxton v. LitchalkMichigan Court of Appeals · 1974
- Hatzinicolas v. ProtopapasCourt of Appeals of Maryland · 1988
- Salswedel v. Enerpharm, Ltd.New Mexico Court of Appeals · 1988
- Wilson v. Al-HuribiMichigan Court of Appeals · 1974
- Fenton Country House, Inc. v. Auto-Owners InsuranceMichigan Court of Appeals · 1975
10 more not listed; retrieve them via the Exa API.