Kircos v. Goodyear Tire and Rubber Co.

Plaintiffs appeal as of right from an order of accelerated judgment entered in favor of defendants-appellees on March 25, 1980.

Defendants’ motion for accelerated judgment was apparently brought under GCR 1963, 116.1(5). In reviewing motions for accelerated judgment, courts must accept all well-pled allegations of the nonmoving party as true. Robards v Estate of Kantzler, 98 Mich App 414, 416; 296 NW2d 265 (1980).

As noted in Kircos v Goodyear Tire & Rubber Co, 70 Mich App 612; 247 NW2d 316 (1976), wherein the jurisdiction of the trial court over defendant Haas was challenged, plaintiffs filed…