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Sutherland v. Kennington Truck Service, Ltd.

562 N.W.2d 466 (1997)

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Sutherland v. Kennington Truck Service, Ltd.

Michigan Supreme Court

562 N.W.2d 466 (1997)

Facts

Larry Sutherland (plaintiff) was a resident of Ohio. Gregory Zavitz, a citizen of Ontario, Canada, was a truck driver for Kennington Truck Service, Ltd. (Kennington), a Canadian company (defendants). Sutherland and Zavitz’s trucks collided on a Michigan highway. A little over two years after the accident, Sutherland sued Zavitz and Kennington in Michigan state court for negligence. Zavitz and Kennington moved for summary judgment, arguing that Sutherland’s action was barred by the applicable two-year statute of limitations of Ohio or Ontario. Michigan had a three-year statute of limitations for negligence actions. The trial court granted the motion, finding that Michigan had no interest in the matter because no party was a state resident. The court of appeals affirmed. Sutherland appealed.

Rule of Law

Issue

Holding and Reasoning (Mallett, C.J.)

Concurrence/Dissent (Brickley, J.)

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