121 Mich. App. 235 | Mich. Ct. App. | 1982
On Remand
Plaintiffs were injured in a traffic accident at an intersection in the City of Detroit on February 16, 1977. A complaint was filed in the Wayne County Circuit Court alleging negligence on the part of Debra Flower, driver of the automobile which struck the plaintiffs’ car, and Sonja Williams, owner of the same car. Defendants’ answer averred the affirmative defense that there was no sign or signal at the intersection where the accident occurred which required defendant Flower to stop.
On February 15, 1978, attorneys for both plaintiffs and defendants stipulated to add the City of Detroit as a party defendant pursuant to GCR 1963, 206.1. The parties apparently sought indem
Plaintiffs appealed. This Court affirmed the accelerated judgment in Moore v Flower, 108 Mich App 214; 310 NW2d 336 (1981). Plaintiffs appealed to the Supreme Court. In lieu of granting leave to appeal, that Court remanded the case to this Court "to address the question of whether the order adding the party defendant was sufficient in itself to commence the action against the added defendant”. 414 Mich 897 (1982).
We hold that the trial court’s order adding the City of Detroit as a defendant was not sufficient to commence the action against the city. The action commenced when the amended complaint was filed.
The basic rule for commencing an action is that "[a] civil action is commenced by filing a complaint with the court”. GCR 1963, 101. The rule for permissive joinder of defendants, GCR 1963, 206.1, does not expressly alter the basic rule, nor should it alter the basic rule by implication. It would not unnecessarily prejudice the rights of the party
Affirmed.