LINDA BOSTWICK V GERALD W BULTEMAAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
LINDA BOSTWICK and BILL BOSTWICK,
December 30, 1996
LC No. 94-004394
GERALD W. BULTEMA,
Before: Bandstra, P.J., and Hoekstra and S.F. Cox,* JJ.
Plaintiffs appeal as of right an order of the Kent Circuit Court granting summary disposition in
favor of defendant in this negligence case. We affirm.
Plaintiffs allege that the trial court erred in finding that no genuine issue of material fact existed
regarding whether defendant was negligent. We disagree. Appellate review of decisions on motions for
summary disposition is de novo to determine if the moving party is entitled to judgment as a matter of
law. Hamilton v Telford, ___ Mich App ___; ___ NW2d ___ (Docket no. 183819, issued
10/01/96). For the same reasons contained in the well-reasoned opinion of the trial court, we find that
summary disposition was properly granted. Giving the benefit of every reasonable doubt to the
nonmoving party, we conclude, as did the trial court, that plaintiff Linda Bostwick’s failure to observe
and obey traffic signals was the sole cause of this accident. The facts of this case do not support any
basis upon which to conclude that defendant’s operation of his motor vehicle was in any way negligent
or caused this incident.
/s/ Richard A. Bandstra
/s/ Joel P. Hoekstra
/s/ Sean F. Cox
* Circuit judge, sitting on the Court of Appeals by assignment.