Smith v. Auto-Owners Insurance

Defendant appeals as of right from the circuit court’s order granting summary judgment in favor of plaintiff.

In May, 1981, plaintiff Linda M. Smith left her marital home in Detroit and went to San Antonio, Texas. Plaintiffs minor children from a previous marriage, who had been domiciled in the Detroit home with plaintiff and her husband, went with plaintiff to Texas. On July 6, 1981, William Walker filed a complaint for divorce in the Wayne County Circuit Court against his estranged wife, plaintiff herein. On July 9, 1981, plaintiffs minor child, Theresa Smith, was injured when she was struck…