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PIDGEON v. RADLOFF

Docket No. 167638.

546 N.W.2d 655 (1996)

215 Mich. App. 438

Kenneth PIDGEON, a Minor, by his Next Friend, Nikki FRAILING, Plaintiff-Appellant, v. Scott RADLOFF and Marilyn Radloff, Defendants-Appellees, and Allied Pools & Spas and Doughboy Recreational Industries, Defendants.

Court of Appeals of Michigan.

Decided February 13, 1996.

Attorney(s) appearing for the Case

Fisher & Omdahl by Torger G. Omdahl and Geoffrey C. Lawrence, Iron River, for plaintiff.

Geissler, Dean & O'Dea, P.C. by Timothy M. Dean and Frederick K. Geissler, Ironwood, for Scott and Marilyn Radloff.

Before SAWYER, P.J., and MURPHY and SCHMA, JJ.

MURPHY, Judge.

Plaintiff appeals as of right a trial court order granting summary disposition in favor of defendants Scott and Marilyn Radloff (defendants) pursuant to MCR 2.116(C)(8), failure to state a claim upon which relief can be granted. We reverse and remand.

Defendants' son invited Kenneth Pidgeon (plaintiff) to swim in defendants' above-ground swimming pool at their residence. Plaintiff dove into the pool and sustained neck and spinal cord injuries...

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