Bohannon v. Campbell, Docket Nos. 10298
| Decision Date | 23 February 1972 |
| Docket Number | 10553,No. 3,Docket Nos. 10298,3 |
| Citation | 196 N.W.2d 836,38 Mich.App. 422 |
| Parties | Raymond K. BOHANNON, Plaintiff-Appellee, v. Donald R. CAMPBELL, James Campbell and Raymond C. Chahorski, d/b/a Eastgate Inn, Defendants, and Transamerica Insurance Company, Garnishee Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
William P. Spaniola, Muskegon, for Chahorski.
Jerome R. Sanford, Muskegon, for Bohannon.
Jared E. Collinge, Muskegon, for Donald Campbell.
Brian Mark Gray, Muskegon Heights, for James Campbell.
G. Thomas Johnson, Sp. Asst. Atty. Gen., Muskegon, for Secretary of State, State of Michigan.
Plaintiff sought damages sustained in an accident occurring on November 4, 1967. He filed suit against three defendants: Donald R. Campbell, the alleged negligent driver of the other automobile; James Campbell, defendant's father and owner of the other automobile which Donald was driving; and Raymond C. Chahorski, d/b/a Eastgate Inn which was alleged to have served intoxicating beverages to Donald while he was in an intoxicated condition and while he was under the age of 21 years.
On June 24, 1970, the defendant, James Campbell, filed a cross-claim against Raymond C. Chahorski, d/b/a Eastgate Inn, seeking indemnity from the tavern for any damages which James Campbell might suffer as the owner of the car which Donald was driving.
Chahorski moved for an accelerated judgment on the cross-claim on the basis that the statute of limitation imposed by the dramshop act (M.C.L.A. § 436.22; M.S.A. § 18.993) barred the action. The motion was denied.
Both Donald and James Campbell were uninsured motorists and the Michigan Secretary of State intervened as a party defendant for the Motor Vehicle Accident Claims Fund.
Subsequent to the accident, but prior to the suit, plaintiff received from his own insurance company, under an uninsured motorists provision, the sum of $10,000, and $3,365.68 in sick pay benefits under a group insurance program maintained by his employer. Defendants did not ask that the sums be set-off or considered in the principal suit.
The jury returned a verdict in favor of plaintiff and a judgment was entered against Donald Campbell in the sum of $17,500. A second judgment was entered against James Campbell in the sum of $17,500 and a third judgment was entered against Raymond Chahorski, doing business as Eastgate Inn, in the sum of $17,500.
Plaintiff filed a writ of garnishment against Transamerica Insurance Co., Eastgate's insurance carrier under its liquor bond (maximum liability $5,000). Transamerica denied liability.
The trial court granted a judgment against Transamerica Insurance Co., the garnishee defendant, in the amount of $5,000.
Defendant Chahorski appeals the trial court's denial of his motion for an accelerated judgment to dismiss James Campbell's cross-claim on the basis that the two-year statute of limitation as set out in the dramshop act, Supra, had expired.
The cross-claim filed by James Campbell against Chahorski has not been determined on its merits. Denial of Chahorski's motion for an accelerated judgment was not a final judgment disposing of the issue but an interlocutory order. Interlocutory orders are reviewed in this court on application for leave to appeal. GCR 1963, 806.2. Defendant Chahorski's claim of appeal on the issue is premature.
Defendant Chahorski 1 also contends that he is...
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Tebo v. Havlik
...(relying on Virgilio ), rev'd on other grounds sub nom. Putney v. Haskins, 414 Mich. 181, 324 N.W.2d 729 (1982); Bohannon v. Campbell, 38 Mich.App. 422, 196 N.W.2d 836 (1972). See text following fn. 67.81 In Virgilio, the Court of Appeals held that there was no right of contribution between......
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Putney v. Gibson
...under the dramshop act was separate and distinct from the right of recovery under the Wrongful Death Act. In Bohannon v. Campbell, 38 Mich.App. 422, 196 N.W.2d 836 (1972), the plaintiff was injured by an intoxicated driver. The dramshop defendant sought to diminish plaintiff's judgment agai......
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Tebo v. Havlik
...present case involves insurance proceeds, rather than recovery from another tortfeasor. A case more in point is Bohannon v. Campbell, 38 Mich.App. 422, 196 N.W.2d 836 (1972). There, the plaintiff was injured in an automobile accident with an uninsured motorist. He received benefits under th......
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Butterfield, Matter of
...judgment of dismissal as to other defendants. An order denying accelerated judgment is inherently interlocutory. Bohannon v. Campbell, 38 Mich.App. 422, 196 N.W.2d 836 (1972). The finality of the remaining provisions of the probate court's order can be determined only by an examination of t......