CLANCY v. ATHLETIC CENTER

Docket No. 76030.

140 Mich. App. 304 (1985)

364 N.W.2d 312

CLANCY v. OAK PARK VILLAGE ATHLETIC CENTER

Michigan Court of Appeals.

Decided January 23, 1985.


Attorney(s) appearing for the Case

Stern, Milmet, Vecchio, Goll & Carnago, P.C. (by James Wynne), for plaintiff.

Morgan & Fuzak, P.C. (by John F. Fuzak), for defendant.

Before: DANHOF, C.J., and GRIBBS and R.M. SHUSTER, JJ.,


GRIBBS, J.

Plaintiff appeals as of right from the trial court's order granting defendants' motion for summary judgment for plaintiff's failure to state a claim for a breach of an implied warranty of fitness. GCR 1963, 117.2(1). We affirm.

Plaintiff paid a fee for the use of defendants' racquetball court for one hour. During the first fifteen minutes of play, the roof began to leak, forming a puddle of water on the floor of the court. Plaintiff slipped while...

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