Hengartner v. Chet Swanson Sales, Inc

In this action, plaintiff sought to recover for injuries allegedly caused by defendant’s failure to adequately repair the brakes of her automobile. The circuit court held that plaintiff had failed to state a claim upon which relief could be granted, and defendant’s motion for summary judgment pursuant to GCR 1963, 117.2(1) was granted. Plaintiff appeals as of right.

A motion for summary judgment under this subrule tests the legal sufficiency of the complaint. It must be resolved by treating as true all wellpled factual allegations and determining whether the claims made are so clearly…