The slip opinions posted here are the latest electronic versions available from the Michigan Court of Appeals. Updates are posted as received from the courts. Consult the advance sheets and bound volumes of the official reports for final revisions and proper pagination. Defendant Frank Ryan appeals as of right from a judgment entered pursuant to the jury's verdict in favor of plaintiffs.
Defendant is an independent contractor hired by the postal service to deliver mail.
Plaintiff injured his back when he lifted the rear door of defendant's small semi-truck, which was not working properly. He also filed a first-party claim for personal injury protection benefits with his automobile insurance carrier. Plaintiff then brought this lawsuit against defendants Frank Ryan, the owner of the delivery company, and Wayne Fenlon, the truck's driver, claiming that their failure to properly maintain the semi-truck door caused his injuries. See 5 USC Sect. He also moved to dismiss those portions of his complaint concerning the no-fault act, so that he could proceed under a general negligence principle.