Winters v. Dalton

Plaintiff filed this suit seeking damages for personal injuries suffered in an automobile accident. Defendants appeal as of right from the trial court’s denial of their motions for summary disposition, reconsideration, and a directed verdict of dismissal based on the lack of subject-matter jurisdiction. We reluctantly reverse.

On September 7, 1988, plaintiff was a passenger in a vehicle owned by Kemp, plaintiffs employer, and driven by Dalton, a co-worker, and was on his way home after work. While riding in the car, plaintiff was performing one of his job duties, i.e., sorting concrete…