Curtis v. Evening News Ass'n

In this action for libel, defendant appeals by leave granted from a circuit court order denying its motion for summary judgment pursuant to GCR 1963, 117.2(1). Such a motion for summary judgment tests the legal sufficiency of the complaint and should not be granted unless, accepting as true all well-pled facts in the complaint, the plaintiff’s claims are so clearly unenforceable as a matter of law that no factual development could possibly justify a right to recover. See, for example, Karr v Bd of Trustees of Michigan State University, 119 Mich App 1, 3-4; 325 NW2d 605 (1982).

Plaintiff’s…