Buffa v. General Motors Corp.

FREEMAN, District Judge.

This is a motion by General Motors Corporation, defendant, to dismiss plaintiff’s suit on the ground that the defendant is not “some person other than * * * the employer” within the meaning of section 15, Part III, of the Workmen’s Compensation Act of Michigan, section 17.189, M.S.A., Comp.Laws Supp. 1954 Mich. § 413.15, against whom plaintiff can bring a common law action.

Plaintiff, a cement finisher employed by the J. A. Utley Company, third-party defendant in this case, alleges in his complaint that he sustained injuries in an accident caused by the negligent…