210 F.Supp. 73 (W.D.Mich. 1962), 4004, Halvorsen v. Grain Dealers Mut. Ins. Co.
|Citation:||210 F.Supp. 73|
|Party Name:||Reva HALVORSEN, Plaintiff, v. GRAIN DEALERS MUTUAL INSURANCE COMPANY, a foreign corporation, Louis A. Schalk, Harold H. Lorenz, and Edward L. Jones, jointly and severally, Defendants.|
|Case Date:||October 04, 1962|
|Court:||United States District Courts, 6th Circuit, Western District of Michigan|
James Thomas Sloan, Jr., Kalamazoo, Mich., Jerry J. O'Connor, Cassopolis, Mich., for plaintiff.
Cholette, Perkins & Buchanan, Grand Rapids, Mich., William D. Buchanan, Grand Rapids, Mich., of counsel, for defendant Lorenz.
Luyendyk, Hainer, Hillman, Karr & Dutcher, Grand Rapids, Mich., Douglas W. Hillman, Grand Rapids, Mich., of counsel, for defendant Jones.
Butzbaugh, Page & Byrns, Benton Harbor, Mich., Chester J. Byrns, Benton Harbor, Mich., of counsel, for defendants Schalk and Grain Dealers Mut. Ins. Co.
FOX, District Judge.
On July 13, 1958, the automobile of defendant Jones, being driven by his daughter, Phillys, was third in a line of four cars proceeding in the same direction on Shawnee Road near Berrien Springs, Michigan.
It is alleged that the first car, driven by defendant Schalk, turned unexpectedly; that the second car, operated by defendant Lorenz, stopped suddenly in order to avoid hitting Schalk, and, finally, that the Jones car also stopped suddenly to avoid running into Lorenz.
Plaintiff was co-owner of and a passenger in the fourth car. Plaintiff's car ran into the rear of Jones' car, causing injury to plaintiff.
About February 1, 1959, Phillys Jones, by her guardian, brought suit in the Circuit Court for Cass County against Lester and Reva Halvorsen, defendants. Admittedly, the automobile driven by Lester Halvorsen was owned jointly with his wife, Reva Halvorsen, plaintiff in this action.
Trial resulted in a verdict by the jury for plaintiff Phillys Jones in the sum of $3,500. It was not appealed. The jury in reaching this verdict, under Michigan law, must have found that Phillys Jones was free from negligence.
On December 9, 1960, Reva Halvorsen, co-defendant in the state circuit court case, filed this action in the Federal District Court for the Western District of Michigan. By her pleadings, Reva Halvorsen contends that Phillys Jones, the operator of the vehicle owned by Edward Jones, was negligent.
Edward Jones is joined as defendant in this Federal Court action on the grounds that as owner of the automobile which was being operated by Phillys Jones, his daughter, with his knowledge and consent, and for his benefit, he is liable for the negligent acts of the operator. 1
No allegation is made of the negligence of Edward Jones himself. Defendant Jones' liability is therefore derivative.
On February 6, 1961, defendant filed a motion for summary judgment alleging...
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