Gunsell v. Ryan

Defendant Frank Ryan (hereafter defendant) appeals as of right from a judgment entered pursuant to the jury’s verdict in favor of plaintiffs. Because we find that plaintiffs should have brought this suit as a third-party claim under the no-fault act, MCL 500.3135; MSA 24.13135, we reverse.

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Plaintiff Edward Gunsell 1 injured his back while working as a mail dispatcher for the United States Postal Service. Defendant is an independent contractor hired by the postal service to deliver mail. Plaintiff injured his back when he lifted the rear door of defendant’s small semitrailer, which was not…