Warren v. Howlett

The trial court granted accelerated judgment in favor of defendant pursuant to GCR 1963, 116.1(5), now MCR 2.116(C)(7). Plaintiff appeals and we affirm.

Plaintiff’s decedent was riding his bicycle on West Mansion Street in Marshall, Michigan, when he collided with defendant’s bicycle. Decedent died in Community Hospital approximately 11 hours after he was admitted, allegedly from the head injuries he received in the collision.

Plaintiff Jon Warren filed suit as personal representative of the estate against defendant on October 11, 1983. In fact, plaintiff had not filed the appropriate papers in…