Crocker v. McCabe-powers Auto Body Co.

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

KENNEDY, District Judge.

The defendant has moved for a summary judgment asserting that the plaintiff’s claim is barred by the applicable Michigan statute of limitations as a matter of law.

Plaintiff’s complaint, filed on September 11, 1969, alleges that on March 7, 1967, Russell T. Crocker, plaintiff’s decedent, was in a personnel lifting device servicing a twenty-five foot high overhead light when the device malfunctioned because of the negligence of defendant McCabe-Powers Auto Body Company in its design and manufacture.…