Varano v. Express Freight Lines, Inc.

GRUBB, District Judge.

This matter is before the court on defendant’s motion to dismiss the complaint. Affidavits were submitted, and the court is considering the matter on the pleadings and affidavit as a motion for summary judgment.

This action arises out of an automobile accident which occurred in Michigan on August 17, 1953. Plaintiffs’ automobile collided with an automobile owned by Moses Willits and driven by Louella Wil-lits. Nothing in the pleadings, the motion papers, or supporting affidavits indicate that the vehicle owned by the defendant was physically involved in the collision.…