DEDES v. ASCH

Docket Nos. 96420, 96421, (Calendar No. 11).

446 Mich. 99 (1994)

521 N.W.2d 488

DEDES v. ASCH

Supreme Court of Michigan.

Decided August 2, 1994.


Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Herskovic & Heilmann (by Richard E. Shaw) for the plaintiffs.

Neal, Neal & Stewart, P.C. (by Warren A. Hampton), for the defendants.

Amici Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Clive D. Gemmill, Assistant in Charge, Michael C. McDaniel, Assistant Attorney General, for the Tort Defense Division.

Clark, Klein & Beaumont (by Dennis G. Bonuchi and J. Walker Henry) for Michigan Defense Trial Counsel, Inc.

Johnson, Rosati, Galica, Shifman, Labarge, Aseltyne, Sugameli & Field, P.C. (by Christopher J. Johnson and Daniel P. Dalton), for Metropolitan Association for Improved School Legislation Joint Risk Management Trust.

O'Connor, DeGrazia & Tamm, P.C. (by James I. DeGrazia and Julie McCann-O'Connor), for Michigan Municipal Liability and Property Pool and Public Corporation Law Section of the State Bar.

Mika, Meyers, Beckett & Jones (by Steven L. Dykema and William A. Horn), Co-Counsel for the Universities, Dr. Eileen Jennings for Central Michigan University, Kenneth McKanders for Eastern Michigan University, W. Scott Szpara for Ferris State University, Mary Elizabeth Kurz for Michigan State University, Butzel, Long (by Robert M. Vercruysse) for Michigan Technological University, Miller, Canfield, Paddock (by Charles A. Duerr, Jr.), for Northern Michigan University, Currie & Kendall (by William C. Collins) for Saginaw Valley State University, Elsa Kircher Cole for University of Michigan, Daniel J. Bernard for Wayne State University, and Keith A. Pretty for Western Michigan University.

Mark Granzotto, Monica Farris Linkner, and Jeffrey T. Myers for Michigan Trial Lawyers Association.


BOYLE, J.

Plaintiffs appeal the Court of Appeals affirmance of a summary judgment motion granted pursuant to MCR 2.116(C)(7), dismissing the plaintiffs' case for failure to state an actionable claim of gross negligence against defendants Jeanne Asch and Joan Shifford. We reverse and remand for further proceedings consistent with this opinion.

I

Adrian and Lauren Dedes lived on the north side of Ten Mile Road in South Lyon. They traveled to school in...

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