Jones v. McCullough

Plaintiffs appeal as of right from the circuit court’s order holding that the entire settlement amount recovered in a third-party tort action was subject to intervening defendant, Auto-Owners Insurance Company’s, worker’s compensation lien pursuant to MCL 418.827(5); MSA 17.237(827)(5). We reverse and remand.

In the course of his employment with Brookside Auto Company, plaintiff Daniel Jones drove to an automobile auction. His wife, plaintiff Merry Jones, accompanied him. En route to the auction, both plaintiffs were injured when a vehicle being driven by defendant Earl McCullough’s decedent…