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MARIA DECKER V KENNETH JAMES KIGER
State: Michigan
Court: Court of Appeals
Docket No: 290606
Case Date: 07/13/2010
Preview:STATE OF MICHIGAN COURT OF APPEALS
MARIA DECKER, Plaintiff-Appellant, v KENNETH JAMES KIGER, Defendant-Appellee, and DETROIT STEEL TREATING CO., Defendant. No. 290606 Oakland Circuit Court LC No. 2008-090222-NI UNPUBLISHED July 13, 2010

MARIA DECKER, Plaintiff-Appellant, v KENNETH JAMES KIGER, a/k/a ENTERPRISE LEASING COMPANY, Defendant-Appellee, and MIRAC, INC., a/k/a ENTERPRISE LEASING, ENTERPRISE LEASING COMPANY OF DETROIT, a/k/a ENTERPRISE LEASING, and ENTERPRISE LEASING OF INDIANAPOLIS, INC., Defendants. No. 291407 Oakland Circuit Court LC No. 2007-082803-NI

Before: MURRAY, P.J., and DONOFRIO and GLEICHER, JJ.

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PER CURIAM. In Docket No. 290606, plaintiff appeals the trial court's orders granting defendant Kenneth James Kiger's motion for summary disposition and denying plaintiff's motion for reconsideration. In Docket No. 291407, plaintiff appeals the court's orders closing the case and denying her motion for reconsideration. These cases were consolidated on September 9, 2009,1 and we affirm. I. BACKGROUND This case arises out of plaintiff's attempts to recover no-fault benefits and damages for injuries she sustained in an automobile accident with defendant Kenneth James Kiger on May 12, 2004. At the time of the accident, Kiger was driving a vehicle leased by his employer, defendant Detroit Steel, from defendant Enterprise Leasing Company of Detroit. Out of this single accident arose three separate, but related lawsuits in 2005, 2007, and 2008. The orders pertaining to the 2007 and 2008 cases underlie this appeal. A. 2005 CASE Following the accident, plaintiff initially filed suit on May 4, 2005 alleging negligence against Kiger and seeking first-party personal injury protection (PIP) benefits from Kiger's insurer, State Farm Mutual Automobile Insurance Company. The parties subsequently stipulated to dismissal without prejudice of plaintiff's claim against Kiger, and an order was entered to this effect on October 21, 2005. As for State Farm, on June 6, 2006, the court dismissed with prejudice plaintiff's PIP claims accrued before March 1, 2005, but dismissed without prejudice plaintiff's PIP claims accrued after March 1, 2005. B. 2007 CASE On May 9, 2007, plaintiff filed a second suit again alleging negligence against Kiger, and additionally alleging that defendants Mirac, Enterprise Leasing, Enterprise Leasing Company of Detroit and Enterprise Leasing of Indianapolis (hereinafter "Enterprise") were liable under the Owners' Civil Liability Statute (OCLS), MCL 257.401. On June 1, 2007, an attorney from Hutchinson & Associates, P.C.
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