Berry v. J & D Auto Dismantlers, Inc

In this premises liability action, plaintiffs appeal as of right an order granting summary disposition to defendant pursuant to MCR 2.116(0(10). We affirm.

Plaintiffs’ decedent, Gary M. Berry (hereafter plaintiff), was killed in an accident on defendant’s premises on October 5, 1987. Defendant operates an automobile scrap yard and salvage operation in Wayne, Michigan. Plaintiff, a part-time mechanic, frequently purchased spare parts from defendant. On other occasions, he was permitted to remove parts from the yard without paying for them. He was quite familiar with the premises and was allowed…