Bialochowski v. CROSS CONCRETE PUMPING CO.

Defendant Reliance Insurance Company appeals as of right from the grant of plaintiff’s motion for summary judgment, GCR 1963, 117.2(1). The trial judge held that Reliance, as plaintiff’s workers’ compensation carrier who had paid medical benefits, was not entitled to share in plaintiffs recovery from a third-party tortfeasor.

Plaintiff was severely injured in an accident on a construction site. A pump malfunctioned, causing a 30-foot boom carrying concrete to collapse from a height of 20 feet. The collapsing boom crushed him. The boom and pump were permanently attached to a large concrete…