Ryder Truck Rental, Inc v. Urbane

I concur in the majority’s decision to reverse, but write separately because I disagree with the majority’s reasoning. I do not agree with the majority that the volunteer doctrine is limited to respondeat superior liability. I would, however, hold that the trial court erred in granting summary disposition because a question of fact exists whether the volunteer doctrine applies in this case.

*527The majority holds that the volunteer doctrine does not apply in this case because the doctrine, as described in Diefenbach v Great Atlantic & Pacific Tea Co, 280 Mich 507; 273 NW 783 (1937), is a…