Askew v. Parry

131 Mich. App. 276 (1983)

345 N.W.2d 686

ASKEW

v.

PARRY

Docket No. 66610.

Michigan Court of Appeals.

Decided December 20, 1983.

Parker, Tays, Parker & Mitcham (by Ronald G. Tays), for plaintiff.

Jacobs & Miller (by Robert B. Miller), for defendant.

Before: BRONSON, P.J., and T.M. BURNS and J.T. KALLMAN,[*] JJ.

Plaintiff appeals as of right from the trial court's order granting defendant's motion for summary judgment, GCR 1963, 117.2(1). We reverse and remand for trial.

On January 5, 1979, at approximately 1:30 a.m., an intruder entered the Peyton Place Bar carrying a rifle and announced a robbery. The…