Shank v. Kurka

Plaintiff appeals as of right a Clinton Circuit Court order granting garnishee defendants’ motion for summary disposition pursuant to MCR 2.116(0(10). The trial court granted summary disposition on the ground that, under the terms of the policies issued by garnishee defendants, no coverage existed that would make garnishee defendants liable to plaintiff._.This dispute arises out of a March 29, 1980, car accident in which Kay Shank was killed when her car was struck from behind by a 1968 Buick driven by defendant Jeffrey Kurka. Kurka’s own car, a 1974 Plymouth, was inoperable due to a faulty…