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WEBBER v. YEO

Docket No. 80499.

147 Mich. App. 453 (1985)

383 N.W.2d 230

WEBBER v. YEO

Michigan Court of Appeals.

Decided December 2, 1985.

Attorney(s) appearing for the Case

van Benschoten, Hurlburt & Tsiros, P.C. (by Harvey E. van Benschoten), for plaintiff.

William E. Jungerheld, for defendants.

Amicus Curiae:

Foster, Swift, Collins & Coey, P.C. (by Philip T. Savich), for Michigan Education Association.

Before: J.H. GILLIS, P.J., and CYNAR and R.L. EVANS, JJ.

CYNAR, J.

In this wrongful death action, plaintiff appeals as of right from an August 29, 1984, order granting the individual defendants' motion for accelerated or summary judgment.

On July 11, 1978, plaintiff's decedent, Timothy, was a member of the Saginaw Township Community School District beginners' swimming class at the Chippewa Middle School. Timothy dove off the edge of a swimming pool and did not resurface...

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