Casualty Reciprocal Exchange v. Vancil

On July 30, 1976, Lois M. Polyhronos was working as a waitress for the Coach Stop Restaurant, also known as Wagonwheel Saloon, in Troy, Michigan. Defendant, while operating a motor vehicle near the restaurant, struck an electric transformer and cut off all power to the restaurant. In the resulting darkness, Ms. Polyhronos fell and sustained serious injuries to her knee and leg. Subsequently, plaintiff, the restaurant’s in surer, began paying workers’ compensation benefits to Ms. Polyhronos.

On June 19, 1979, plaintiff sued defendant for reimbursement of benefits it had paid to the insured…