McNEAL v. HENRY

Docket No. 77-314.

82 Mich. App. 88 (1978)

266 N.W.2d 469

McNEAL v. HENRY

Michigan Court of Appeals.

Decided March 20, 1978.


Attorney(s) appearing for the Case

Suber & Leavitt, for plaintiff.

Smith & Brooker, P.C. (by Patrick M. Kirby), for defendants.

Before: QUINN, P.J., and V.J. BRENNAN and C.L. BOSMAN, JJ.


V.J. BRENNAN, J.

The wife of plaintiff Bennie L. McNeal was killed during a fight which occurred inside the Kroger Food Store in Flint, Michigan. Plaintiff filed a wrongful death action in the circuit court of Genesee County. On January 6, 1977, the trial court granted defendant Kroger Company's motion for summary judgment pursuant to GCR 1963, 117.2(1) on grounds that Kroger did not owe the decedent a duty to protect against the kind of sudden and unforeseeable injury...

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