Martin v. Fowler, Docket Nos. 8334--8335

Citation194 N.W.2d 524,36 Mich.App. 725
Decision Date22 November 1971
Docket NumberNo. 2,Docket Nos. 8334--8335,2
PartiesJoann MARTIN et al., Plaintiffs-Appellants, v. Ronald G. FOWLER et al., Defendants-Appellees. Arthur K. MARTIN, Plaintiff-Appellant, v. Ronald G. FOWLER et al., Defendants-Appellees
CourtCourt of Appeal of Michigan (US)

George E. Benko, Croswell, Douglas M. Black, Port Huron, for plaintiffs-appellants.

Ernest F. Oppliger, Port Huron, for McManamon.

William P. Doran, Detroit, for Detroit,

Stanley Hirt, Mt. Clemens, for Shell Oil.

Before QUINN, P.J., and DANHOF and TARGONSKI, * JJ.

DANHOF, Judge.

The plaintiffs commenced this section seeking to recover for damages allegedly sustained when the automobile in which they were riding collided with an automobile being operated by defendant Fowler. Defendants McManamon and Lazuruk and Shell Oil Company moved for summary judgment under GCR 1963, 117.2(1). 1 The trial court held that the plaintiffs had failed to state a claim against these defendants upon which relief could be granted and granted the motions. The plaintiffs have appealed. We affirm the summary judgment granted to Shell Oil, however, we reverse the judgment granted to McManamon and Lazuruk.

McManamon and Lazuruk operated a service station in the City of Dearborn, known as Pete and Leo's Shell Service. The station was owned by Shell Oil Company and leased to McManamon and Lazuruk. Defendants Thomas Phillips and Richard W. Phillips owned an automobile which they left at Pete and Leo's Shell Service for repairs. While the automobile was at the service station it was stolen by Fowler who drove it to Sanilac County where the injury occurred.

In their second amended complaint the plaintiffs' sole allegation against Shell Oil is that it is the owner and lessor of the service station. There are no other allegations of acts or failure to act contained in the complaint. While under some circumstances the lessor may be liable for the torts of his lessee, the condition of being a lessor does not in and of itself impose liability. Thus, with regard to Shell Oil Company the plaintiffs have failed to state a claim upon which relief can be granted.

However, the summary judgment granted to McManamon and Lazuruk must be reversed. We hold that the plaintiffs' second amended complaint contains allegations, which if true, state a claim upon which relief could be granted and therefore summary judgment was improper under GCR 1963, 117.2(1)

The plaintiffs based their claim against McManamon and Lazuruk on the following allegations. The car being driven by Fowler at the time of the injury had been stolen from the service station. The car had been parked in a place where Fowler had easy access to it. Fowler had obtained the keys from a key board that was hanging inside the station. The key board was located in a place where anyone inside the station would have easy access to it. Defendants' suspicion should have been aroused by Fowler's unusual and distinctive appearance. Fowler had been seen loitering around the station on the day of the theft. The defendants' employees had observed Fowler looking at the key board and in particular at the keys to the Phillips vehicle.

In Davis v. Thornton (1970), 384 Mich. 138, 180 N.W.2d 11, the Supreme Court set forth the test to be used in determining whether summary judgment is proper. At p. 142, 180 N.W.2d at p. 13, the Court stated:

'A judgment for the defendant, in an action such as this, can properly be made only upon a determination a) that the defendant did act as a reasonably prudent man would have acted uner the same or similar circumstances or b) that the plaintiff suffered no injury, or c) that the defendant's negligence did not cause the plaintiff's injury, or d) that the injury caused plaintiff was too insignificantly connected to or too remotely effected by the defendant's negligence.'

In the instant case there are two issues. Were the defendants negligent and if so was their negligence significantly enough connected to the plaintiffs' injuries so that it can be considered a proximate cause of the injuries.

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17 cases
  • Hoag v. Paul C. Chapman & Sons, Inc., Docket No. 20209
    • United States
    • Court of Appeal of Michigan (US)
    • June 24, 1975
    ...of plaintiffs' factual allegations as well as any reasonable inferences which may be drawn from the allegations. Martin v. Fowler, 36 Mich.App. 725, 194 N.W.2d 524 (1971). Under the wrongful death act, M.C.L.A. § 600.2922; M.S.A. § 27A.2922, an action may be maintained by the decedent's per......
  • Ramos v. Holmberg, Docket No. 22880
    • United States
    • Court of Appeal of Michigan (US)
    • February 26, 1976
    ...which relief can be granted, summary judgment under GCR 1963, 117.2(1), was [67 MICHAPP 478] properly granted. Martin v. Fowler, 36 Mich.App. 725, 728, 194 N.W.2d 524 (1971). Affirmed. Costs to KELLY, Judge (dissenting). This Court has previously stated that the question presented when a de......
  • Terry v. City of Detroit
    • United States
    • Court of Appeal of Michigan (US)
    • November 18, 1997
    ...Supreme Court's decision in Davis v. Thornton, 384 Mich. 138, 180 N.W.2d 11 (1970), and this Court's decision in Martin v. Fowler, 36 Mich.App. 725, 194 N.W.2d 524 (1971). In both cases it was held that the question whether the defendant owed a duty was one of foreseeability for the jury to......
  • Dillon v. Tamminga, Docket No. 22258
    • United States
    • Court of Appeal of Michigan (US)
    • September 11, 1975
    ...may be drawn from the allegations. Hoag v. Paul C. Chapman & Sons Inc., 62 Mich.App. 290, 233 N.W.2d 530 (1975); Martin v. Fowler, 36 Mich.App. 725, 194 N.W.2d 524 (1971). A summary judgment motion must be denied if the pleadings state a legally valid claim and raise triable issues of [64 M......
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