Askew v. Parry

Plaintiff appeals as of right from the trial court’s order granting defendant’s motion for summary judgment, GCR 1963, 117.2(1). We reverse and remand for trial.

On January 5, 1979, at approximately 1:30 a.m., an intruder entered the Peyton Place Bar carrying a rifle and announced a robbery. The man yelled for everyone to get onto the floor. Plaintiff’s decedent refused to cooperate, swore at the robber, and directed an obscene gesture in his direction. The robber fired at the decedent at point-blank range, fatally striking him in the chest.

Plaintiff filed a two-count complaint against…