Board of County Road Commissioners v. Schultz

Plaintiff appeals as of right a May 21, 1991, circuit court order granting summary disposition to defendant Schultz pursuant to MCR 2.116(C)(4) (lack of subject-matter jurisdiction), (C) (7) (suit barred by res judicata), and (C)(8) (failure to state a claim upon which relief may be granted). We reverse and remand for reinstatement of plaintiff’s breach of contract action.

The facts are essentially undisputed. On June 3, 1988, defendant Schultz filed a negligence suit in the district court against plaintiff board of road commissioners, seeking damages for injuries his horse sustained as a…