James v. Alberts

Plaintiff filed a complaint against defendant seeking damages for injuries plaintiff suffered while voluntarily helping defendant dig a trench. The trial court granted summary disposition for defendant on the ground that the volunteer doctrine barred plaintiffs claim. MCR 2.116(C)(10). Reluctantly, we reverse and remand in accordance with a binding precedent set by this Court.

In Ryder Truck Rental, Inc v Urbane, 228 Mich App 519; 579 NW2d 425 (1998), the plaintiff was injured by a rented track while voluntarily helping a friend move. The plaintiff sued both the friend and the track rental…