Gerling Konzern Allgemeine Versicherungs AG v. Lawson

Defendants appeal by leave granted the trial court’s order denying leave to file a motion to dismiss pursuant to MCR 2.116(C)(8). We reverse and remand for entry of an order dismissing plaintiff’s claim with prejudice.

This case arose from a traffic accident involving one vehicle occupied by Ricki Ash and James Nicastri; one vehicle driven by Barry Maus, who was employed by the University of Michigan Regents; and a semi track driven by defendant Cecil R. Lawson, who was employed by defendant American Beauty Turf Nurseries, Inc. Plaintiff in this case is the insurer of Maus and the regents.…