Fisher v. Johnson Milk Co., Inc.

A reading of opinions of this Court written during the past 15 years may suggest that a majority of the Court, as from time to time constituted, has viewed with disfavor the granting by trial courts of summary judgments for defendants in negligence cases. In the instant case, however, not a controverted question of fact is presented by the pleadings which, if resolved in plaintiff’s favor, would entitle him to judgment against defendant. Accordingly, I would affirm the summary judgment for defendant entered in circuit court, reversed by the Court of Appeals, 13 Mich App 10.

On an unspecified…