SMITH v. YMCA OF BENTON HARBOR

Docket No. 181122.

216 Mich. App. 552 (1996)

SMITH v. YMCA OF BENTON HARBOR/ST JOSEPH

Michigan Court of Appeals.

Decided May 14, 1996, at 9:00 A.M.


Attorney(s) appearing for the Case

Benefiel, Farrer & Glista (by Fredrick J. Farrer), for the plaintiff.

Linsey, Strain & Worsfold, P.C. (by Joseph P. Vander Veen), for the defendant.

Before: SAWYER, P.J., and NEFF and R.D. GOTHAM, JJ.


NEFF, J.

Plaintiff appeals as of right from an order of the circuit court granting summary disposition for defendant, pursuant to MCR 2.116(C)(7), on the basis of a release signed by plaintiff's parents when she was a minor. We reverse and remand for further proceedings.

I

When plaintiff was approximately ten years old, she was injured in defendant's swimming pool when another child dove on top of her. Plaintiff's parents subsequently executed a release...

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