Chivas v. Koehler

Defendants appeal by leave granted from an order of the trial court denying their motion for accelerated judgment and alternative motion for summary judgment. The matter is submitted to this Court upon a certified statement of facts, GCR 1963, 806.3(3).

Plaintiff’s decedent, a police officer, while off-duty, was shot and killed while attempting to investigate a suspected gas station robbery. Joseph Molinari and Gordon Stockenauer, escapees from Magnum Farm, a minimum security prison facility, were subsequently recaptured, tried for, and convicted of the murder.

According to the concise…