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ROGERS v. J.B. HUNT TRANSPORT, INC.

Docket No. 118766, Calendar No. 3.

649 N.W.2d 23 (2002)

466 Mich. 645

Alfonso E. ROGERS, Personal Representative of the Estate of Daimon Ja'Von Rogers, Deceased, Plaintiff-Appellee, v. J.B. HUNT TRANSPORT, INC., Defendant-Appellant. and Wesley Howard Crenshaw, Defendant.

Supreme Court of Michigan.

Decided July 23, 2002.

Attorney(s) appearing for the Case

Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by George T. Sinas and Michael E. Larkin), Lansing, MI, for the plaintiff-appellee.

Dykema, Gossett, P.L.L.C. (by Joseph H. Hickey, Kathleen McCree Lewis, and Kevin M. Zielke), Bloomfield Hills, MI, for the defendant-appellant.

Adams & Hicks, P.L.C. (by Steven A. Hicks) Lansing, MI, for the Michigan Trial Lawyers Association.

WEAVER, J.

In this wrongful death action, we address whether a default entered against an employee that conclusively determined the employee's negligence for the purpose of the employee's personal liability is also a proper foundation for an order holding his employer vicariously liable. The Court of Appeals held that it was, thereby extending the effect of the default to the employer and precluding the employer from contesting...

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