HARRIS v. VAILLIENCOURT

Docket No. 89744.

170 Mich. App. 740 (1988)

428 N.W.2d 759

HARRIS v. VAILLIENCOURT

Michigan Court of Appeals.

Decided August 17, 1988.


Attorney(s) appearing for the Case

Ronald R. Gilbert, P.C. (by Ronald R. Gilbert), for plaintiff.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by Roger A. Smith and Rosalind Rochkind), for defendants Gene Fournier and Ollie Gross.

Mellon & McCarthy, P.C. (by Steve J. Weiss), for defendants John Dannenberger, Gary Benedict and Stephen Switzer.

Condit, McGarry & Schloff, P.C. (by Michael D. Schloff), for defendants Mark Vailliencourt, Frank Vailliencourt, Steven Ludy, George Rink and James Buchanan.

Romain, Donofrio, Kuck & Egerer, P.C. (by Pat M. Donofrio and John C. Brennan), for defendants Paul Gross, Robert Hyslop, Billy Creech, Dwayne Carey, Walter Lewandowski, Jessee Cockerham and Gerald Pratt.

Mark S. Goldberg, for defendant Wilford Hook.

Wilson, Portnoy, Leader, Pidgeon & Roth, P.C. (by Bernard N. Portnoy), for defendant Fausto Bagolay.

Beresh & Prokopp (by Sandra A. Prokopp), for defendant Joel Miller.

Lizza & Mulcahy, P.C. (by James H. Mulcahy), for defendant Louis Chaplin.

Conlin, Conlin, McKenney & Philbrick (by David S. Swartz), for defendants Glen Nelson and Gerald Eagleton.

Still, Nemier, Winter & Yockey, P.C. (by Paul L. Kaliszewski), for defendants Marie Watkins and Harry Champe.

Charlton & Bershad (by David M. Budka), for defendant Whitney Jay.

Suo & Wiseman (by Sidney J. Suo), for defendant Clinton Childers.

Collins, Douglass & Cory (by Peter J. Collins), for defendants Russell Kuttkuhn and Ladwain Weaver.

Before: HOLBROOK, JR., P.J., and SULLIVAN and M. WARSHAWSKY, JJ.


PER CURIAM.

Plaintiff appeals as of right from an order by the Oakland Circuit Court granting summary disposition to defendants which barred plaintiff's claim under Michigan's recreational land use act, MCL 300.201; MSA 13.1485. We reverse.

After drinking, plaintiff and some friends decided to go swimming at Walled Lake in the early morning hours of July 13, 1983. Plaintiff repeatedly stated that he wanted to dive into the lake, but his friends told him that...

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