Kral v. Patrico's Transit Mixing Co.

This is a personal injury action in which plaintiffs seek to hold defendant Patrico’s Transit Mixing Company vicariously liable for the alleged negligence of a third party, Sebastian Bommarito. Plaintiffs appeal as of right from an order granting summary disposition to Patrico’s pursuant to MCR 2.116(C)(10). We reverse.

Plaintiff Joseph Krai, an employee of Clawson Concrete Company, was injured while in' the course of his employment. The injury occurred at a concrete mixing plant which Clawson leased from Patrico’s. Plaintiffs claim that the injury was caused when the equipment on which Krai…