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eBook details

• Title: Great American Insurance Company v. Paty's
• Author : Court of Appeals of Michigan
• Release Date : January 09, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

On December 16, 1982, plaintiff, Great American Insurance Company, as subrogee of Keith Douglas, filed a complaint alleging negligence and breach of warranty in an action for damages which resulted when a combine owned by Douglas caught fire. Motions for summary judgment were subsequently filed by defendants, Massey-Ferguson, Inc., and Paty's, Inc., for failure to state a claim upon which relief could be granted. The lower court issued an order granting summary judgment for both defendants on October 24, 1985, from which plaintiff appeals as of right. Plaintiff alleged in its complaint that on June 1, 1979, Keith Douglas purchased a new Massey-Ferguson diesel combine from Paty's, Inc., in Okemos, Michigan. The combine had been designed, manufactured, assembled, tested, and distributed by defendant Massey-Ferguson. On July 30, 1981, Keith Douglas was operating the combine in a wheat field when it caught fire due to a break in a hydraulic line near a control valve. Douglas was insured by the plaintiff and received $40,764 in settlement of his claim, while plaintiff was assigned the right to bring an action for damages arising from the fire. The complaint did not allege any injury to person or property other than the combine itself.

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