Legal Opinion

Burgess v. Holloway Construction Co.

Michigan Court of Appeals

Decided February 25, 1983No. Docket 60508PublishedCited by 21 opinions

1Opinion of the Court

Per Curiam:.

On October 7, 1981, the trial judge granted defendant’s motion for accelerated judgment, GCR 1963, 116.1(2), and denied plaintiffs’ petition for leave to file a second amended complaint. Plaintiffs appeal as of right.

Plaintiffs alleged that on June 16, 1978, Tom Burgess and Hoppy Stepp, both employed by defendant, argued about union rules and regulations. As a result, Stepp shot and killed Burgess. Plaintiffs, Burgess’s wife and children, eventually sued defendant.

Plaintiffs alleged that Stepp was acting within the course of his employment when he shot Burgess. As a matter of law,…

2Cases cited20 opinions

  1. Ben P. Fyke & Sons v. Gunter Co.Michigan Supreme Court · 1973
  2. Crilly v. BallouMichigan Supreme Court · 1958
  3. Broaddus v. Ferndale Fastener Division, Ring Screw WorksMichigan Court of Appeals · 1978
  4. Sewell v. Bathey Manufacturing Co.Michigan Court of Appeals · 1981
  5. Solo v. Chrysler Corp.Michigan Supreme Court · 1980

15 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Beauchamp v. Dow Chemical Co.Michigan Supreme Court · 1986
  2. Apfelblat v. National Bank Wyandotte-TaylorMichigan Court of Appeals · 1987
  3. Oldani v. LiebermanMichigan Court of Appeals · 1985
  4. Rzepka v. MichaelMichigan Court of Appeals · 1988
  5. Tolbert v. U S Truck Co.Michigan Court of Appeals · 1989

16 more not listed; retrieve them via the Exa API.

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