When he left the firefighters, they were still inside Spigot nor seen a hose attached to the spigot. With the firefighters to show them where the spigot was, and furthermore, he had never used the Which one turns it on.” According to his deposition testimony, plaintiff did not walk outside

Store to show them where the on/off valves were on the inside wall, and told them, “I’m not sure It on, they’re more than welcome to use it.” Plaintiff then took the firefighters to the back of the He would show them where the inside on/off valve was, “and if they could figure out how to turn The water spigot in the back.” Plaintiff informed them that he did not know how to turn it on, but At some point before the lunch rush began at 11:00 a.m., twoĬlinton Township firemen, whose names plaintiff did not remember, “came in and asked to use Who owned a Subway sandwich franchise, testified that he arrived at work on that day sometimeīetween 8:00 and 9:00 a.m. The events that give rise to the current action occurred on February 8, 2007. For the reasons set forth in this opinion, we affirm the rulings made by the trial (“defendant Fire Department”), and John Shea, battalion commander of defendant Fireĭepartment. Plaintiff crossappeals as of right (1) an order granting summary disposition to defendants on all counts andĬlaims (except for the gross negligence claim against defendant Duncan), and (2) an orderĭenying his motion to amend Count I of his complaint and assert gross negligence claims againstĭavid McIntyre, the chief training officer of defendant Clinton Township Fire Department Motion for summary disposition on the gross negligence claim against him. Before: BANDSTRA, P.J., and BORRELLO and SHAPIRO, JJ.ĭefendant, Timothy Duncan, appeals as of right from an order denying defendants’

Clinton township court