Huhn v. DMI, Inc.

• Decision Date: 12 January 1996
• Docket Number: Docket No. 190258
• Citation: Huhn v. DMI, Inc., 544 N.W.2d 719, 215 Mich.App. 17 (Mich. App. 1996)
• Parties: Larry Ronald HUHN, Plaintiff-Appellant, v. DMI, INC., a Delaware corporation, and Dan Lenneman, Defendants-Appellees. (On Remand).
• Court: Court of Appeal of Michigan — District of US

Page 719

544 N.W.2d 719

215 Mich.App. 17

Larry Ronald HUHN, Plaintiff-Appellant, v.DMI, INC., a Delaware corporation, and Dan LennemanDefendants-Appellees. (On Remand).

Docket No. 190258.

Court of Appeals of Michigan.

Submitted Nov. 9, 1995, at Lansing.

Decided Jan. 12, 1996, at 9:05 a.m.

Released for Publication March 19, 1996.

Sinas, Dramis, Brake, Boughton, McIntyre & Reisig, P.C. by George T. Sinas, Barry D. Boughton, and David Brake, Lansing, for plaintiff.

Tolley, Fisher & Verwys, P.C. by Mark H. Verwys and Hilary Curtis Arthur, Grand Rapids, for DMI, Inc.

Wheeler Upham, P.C. by Gary A. Maximiuk, Grand Rapids, for Dan Lenneman.

Before MURPHY, P.J., and HOOD and HOLBROOK, JJ.

ON REMAND

PER CURIAM.

Plaintiff successfully appealed the trial court's order granting defendant's motion for change of venue in Huhn v. DMI, Inc., 207 Mich.App. 313, 524 N.W.2d 254(1994).In lieu of granting defendant's motion for leave to appeal, the Supreme Court has remanded this case to us for reconsideration in light of Gross v. General Motors Corp., 448 Mich. 147, 528 N.W.2d 707(1995).450 Mich. 902(1995).We reverse our prior decision.

We review a trial court's decision concerning a motion for a change of venue to determine whether it was clearly erroneous.Vermilya v. Carter Crompton Site Development Contractors, Inc.201 Mich.App. 467, 471, 506 N.W.2d 580(1993).In Gross, supra at 165, 528 N.W.2d 707, the Supreme Court clarified "the role of damages in establishing tort venue."The Court concluded that

venue in a tort action is proper only at the situs of an injury, or in the place or places where the breach of a legal duty occurs that subsequently causes a person to suffer damages.Tangential damages that occur other than at such places are irrelevant to venue determination.[Id.]

In this case, plaintiff's decedent was injured in Ionia County, where her body was found in the grain wagon.We conclude that the trial court did not clearly err in granting defendant's motion to change venue from Ingham County to Ionia County.

The fact that this case involves a wrongful death action does not change the result.The Court in Gross construed the general venue statute for tort actions, M.C.L. § 600.1629;M.S.A. § 27A.1629.The wrongful death statute, M.C.L. § 600.2922;M.S.A. § 27A.2922, contains no specific venue provision and therefore venue is controlled by the general venue statute for tort actions.Johnson v. Simongton, 184 Mich.App. 186, 190, 457 N.W.2d 129(1990).

The...