Totzkay v. DuBois

Plaintiffs appeal as of right from an order of summary judgment entered in favor of defendant DuBois on April 22, 1980, by the Wayne County Circuit Court.

A building owned by Totzkay and leased to Coito Manufacturing Company and Dorer Engineering, Inc., was substantially destroyed by fire on April 4, 1975. Defendant DuBois, insured by Progressive Casualty Insurance Company, allegedly caused the fire while repairing his car. On October 19, 1976, plaintiffs sued defendant DuBois (hereafter referred to as defendant) alleging negligence.

The question presented is whether the trial court erred in…