White v. Taylor Distributing Co.

In this automobile negligence action, plaintiffs appeal as of right the trial court’s order granting summary disposition to defendants — an individual, his employer, and the owner of the truck the individual was driving when the underlying accident occurred. We reverse and remand. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

On March 15, 2004, plaintiff1 was stopped in her van when defendant James Birkenheuer, driving a tractor-trailer owned by defendant Penske Truck Leasing Company, L.E, in the course of his employment with defendant Taylor Distributing…