Kaniewski v. Warner

Defendant Warner moved for summary judgment under GCR Í963, 117.2(3)., . The Branch' county circuit court dismissed plaintiff’s action against Warner, an oil distributor, because it found as a matter of law that defendant Robson was not Warner’s' employee or agent and that Warner was not the “owner” of Robson’s truck. Undisputed facts, as disclosed by written interrogatories and discovery depositions, provided the basis for the circuit court’s determination and our review. •

Plaintiffs complaint alleged that on March 13, 1964, plaintiff suffered damages as the result of Robson’s negligent…