Thone v. Nicholson

Plaintiff had summary judgment entered against him for failure to state a claim upon which relief could be granted, GCR 1963, 117.2(1), and appeals. We affirm.

On review of plaintiffs amended complaint under GCR 1963, 117.2(1), we accept as true all of plaintiffs factual allegations as well as any conclusions which can reasonably be drawn therefrom, Van Liere v State Highway Dept, 59 Mich App 133, 137; 229 NW2d 369, 371 (1975), but disregard mere conclusional statements of liability, Binder v Consumers Power Co, 77 Mich App 343, 346-347; 258 NW2d 221, 224 (1977). Our task is to determine…