Legal Opinion

Brashers v. Jefferson

Michigan Supreme Court

Decided March 13, 1978No. 58829, (Calendar No. 9)PublishedCited by 12 opinions

1Opinion of the Court

Per Curiam:.

The sole issue in this automobile negligence case is a procedural one: whether the trial court erred in failing to set aside the clerk of the court’s dismissal of this action because plaintiffs personal service of process on defendant, although it occurred before dismissal, nevertheless came after the 180-day period from the date of the filing of the complaint during which the summons is valid under GCR 1963, 102.4. Under our decision in Goniwicha v Harkai, 393 Mich 255; 224 NW2d 284 (1974), it is clear that plaintiff is entitled to reinstatement of his complaint. To clarify…

2Cases cited2 opinions

  1. Goniwicha v. HarkaiMichigan Supreme Court · 1974
  2. Brashers v. JeffersonMichigan Court of Appeals · 1976

3Cited by12 opinions

  1. Dresselhouse v. Chrysler Corp.Michigan Court of Appeals · 1989
  2. Saba v. GrayMichigan Court of Appeals · 1981
  3. Blaha v. A. H. Robins & Co.District Court, W.D. Michigan · 1982
  4. Andrews v. Allstate InsuranceDistrict Court, E.D. Michigan · 1979
  5. Reid v. a H Robins Co.Michigan Court of Appeals · 1979

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