Deaton v. Baker

Plaintiffs commenced this action on January 17, 1980, against Phyllis and Cletus Simon, Anna Mae Woods, and Timmy Wayne Baker. The action against Phyllis and Cletus Simon was settled, and the case against them was dismissed on May 7, 1982. Defendants Woods and Baker filed motions for summary judgment. Defendant Woods’ motion for summary judgment was denied. From an order granting summary judgment to defendant Baker on the ground that there was no genuine issue of any material fact, GCR 1963, 117.2(3), plaintiffs appeal as of right.

The complaint alleged that defendant Woods’ vehicle, which was…