Ramos v. Holmberg

This Court has previously stated that the question presented when a defendant moves for summary judgment for failure to state a claim is "whether plaintiffs claim, on the pleadings, is so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recovery”. Crowther v Ross Chemical & Mfg Co, 42 Mich App 426, 431; 202 NW2d 577 (1972). The trial court erred in answering this question in the affirmative.

Plaintiffs complaint against the defendant Rancks places before the court a novel theory of liability. It is the novelty of the claim that requires a…