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STATE OF MICHIGAN
COURT OF APPEALS


ROLLIE S. DRIVER, Plaintiff-Appellant, and KATHY ANN DAVIS, Plaintiff, v ORA RUSSELL PERKINS, Defendant, and BOB'S AUTO BODY, INC., Defendant-Appellee.

UNPUBLISHED December 18, 2008

No. 279961 Clinton Circuit Court LC No. 05-009810-NI

Before: Saad, C.J., and Fitzgerald and Beckering, JJ. PER CURIAM. In this case predicated on the no-fault insurance act, MCL 500.3101 et seq., plaintiff Rollie S. Driver appeals as of right the order of the trial court granting summary disposition to defendant Bob's Auto Body, Inc., pursuant to MCR 2.116 (C)(10). We reverse and remand. A trial court's decision on a motion for summary disposition is reviewed de novo on appeal. Latham v Barton Malow Co, 480 Mich 105, 111; 746 NW2d 868 (2008). We review the record in the same manner as the trial court to determine whether the moving party was entitled to judgment as a matter of law. Morales v Auto-Owners Ins Co, 458 Mich 288, 294; 582 NW2d 776 (1998). Review is limited to the evidence presented to the trial court at the time the motion was decided. Pe

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