PIGEON v. RADLOFF

Docket No. 167638.

215 Mich. App. 438 (1996)

546 N.W.2d 655

PIGEON v. RADLOFF

Michigan Court of Appeals.

Decided February 13, 1996, at 9:00 A.M.


Attorney(s) appearing for the Case

Fisher & Omdahl (by Torger G. Omdahl and Geoffrey C. Lawrence), for the plaintiff.

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

Before: SAWYER, P.J., and MURPHY and W.G. SCHMA, JJ.


MURPHY, J.

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 Pigeon (plaintiff) to swim in defendants' aboveground swimming pool at their residence. Plaintiff dove into the pool and sustained neck and spinal cord injuries that...

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