Bilicki v. W. T. Grant Co.
| Decision Date | 02 April 1968 |
| Docket Number | No. 1,Docket Nos. 2877,2878,1 |
| Citation | 157 N.W.2d 300,10 Mich.App. 612 |
| Parties | Joseph F. BILICKI, Plaintiff-Appellant, v. W. T. GRANT COMPANY, a foreign corporation, Defendant and Third-Party Plaintiff-Appellee, v. BENITEAU BIRD COMPANY, a Michigan corporation, Third-Party Defendant-Appellee. Rose BILICKI, Plaintiff-Appellant, v. W. T. GRANT COMPANY, a foreign corporation, Defendant and Third-Party Plaintiff-Appellee, v. BENITEAU BIRD COMPANY, a Michigan corporation, Third-Party Defendant-Appellee |
| Court | Court of Appeal of Michigan — District of US |
Albert Lopatin, Detroit, Norman L. Zemke, Detroit, of counsel, for appellants.
John A. Kruse, Alexander, Buchanan & Conklin, Detroit, for W. T. Grant co.
John Feikens, Feikens, Dice, Sweeney & Sullivan, Detroit, for Beniteau Bird Co.
Before LESINSKI, C.J., and FITZGERALD and McGREGOR, JJ.
The determinative question in this case is whether or not the plaintiffs had psittacosis. This was a question requiring expert testimony to be considered by the jury for a finding of fact at the trial.
Defendant W. T. Grant Company purchased parakeets from third-party defendant Beniteau Bird Company, and in turn, sold one to the plaintiff wife. Upon bringing the bird home, she found that it was sickly and attempted to nurse it to health. Approximately three weeks later plaintiff wife became ill, showing symptoms of fever, cough and pneumonia. She entered Henry Ford Hospital with a preliminary diagnosis of psittacosis. 1 Blood tests were made during the course of her illness and the Wayne county and Dearborn departments of health were contacted. The departments of health requested that the plaintiff husband keep the bird until they could examine it. Four days later, the Dearborn department of health gave the husband its permission to kill the bird and instructed him to bring the remains of the bird to the department of health for examination. By the time an examination of the bird's remains was made, they were too far decomposed to be useful for any determination of the cause of the bird's prior illness.
A week after his wife's release from the hospital, plaintiff husband was admitted to Henry Ford Hospital, suffering the same complaints as his wife.
Suit was filed in Wayne county circuit court, alleging that the plaintiffs had contracted psittacosis from the sick parakeet. On depositions, the physicians who had treated the plaintiffs testified that the plaintiffs had had an acute respiratory disease of undetermined origin, but in their opinions, not psittacosis. Elimination of psittacosis from their opinions was based, among other things, upon a blood test which, according to them, showed psittacosis was not present.
Stating that there was no genuine issue of a material fact, defendants moved for a summary judgment under GCR 1963, 117.2(3). Plaintiffs countered with an affidavit of a physician stating that, upon examination of the hospital records, it would seem that the plaintiffs did, in fact, have psittacosis. At a hearing held before the circuit court, the affiant physician disclosed that although an examination of the hospital records indicated plaintiffs could have had psittacosis, he could not with a reasonable degree of medical certainty form an opinion as to the malady suffered by the plaintiffs.
Summary judgment was granted on the basis that no issue of a material fact could be presented upon which a jury could reasonably find for the plaintiffs.
On appeal, the plaintiffs contend that a medical witness may testify as to what, in his opinion, could or would be the...
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Bilicki v. W. T. Grant Co.
...from summary judgment 1 granted by the circuit court and the decision of the Court of Appeals affirming the summary judgment. 10 Mich.App. 612, 157 N.W.2d 300. All the parties agree to the fact that plaintiffs purchased a parakeet from defendant W. T. Grant Company, February 22, 1961, which......
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Knoper v. Burton
...1968, pursuant to § 306 P.A.1964, No. 281.1 C.L.S.1961, § 622.2157 (Stat.Ann.1962 Rev. § 27A.2157).1 Compare Bilicki v. W. T. Grant Co. (1968), 10 Mich.App. 612, 157 N.W.2d 300, where the witness stated that he could not with reasonable degree of medical certainty form opinion as to malady ......