Cowan v. Strecker

I write separately because I concurred in Ensign v Crater, 41 Mich App 477; 200 NW2d 341 (1972), appeal dismissed with prejudice by stipulation, 389 Mich 791 (1973). Although the situation in Ensign, supra, is factually distinguishable1 from that in Roberts v Posey, 386 Mich 656; 194 NW2d 310 (1972), a closer reading of the policy expressed by the Supreme Court in Roberts leads me to conclude that a different result would be required if Ensign were presently before us for decision.

Accordingly, based on the strong policies expressed in Roberts, I concur with my colleagues in the present…