Tolbert v. U S Truck Co.

On February 26, 1985, decedent was fatally injured when a vehicle he was using to unload a stationary trailer slipped between the trailer and the loading dock. In her suit for negligence, plaintiff alleges that the trailer’s movement was caused by a defective brake system. Plaintiff appeals as of right from the circuit court order denying her leave to amend her complaint and granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(7). We affirm.

First, plaintiff claims the trial court erred in denying her motion to amend her complaint to allege intentional nuisance and…