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RICKWALT v. RICHFIELD LAKES CORP.

Docket No. 210591.

633 N.W.2d 418 (2001)

246 Mich. App. 450

Patricia RICKWALT, Personal Representative of the Estate of Willard Rickwalt, Deceased, Plaintiff-Appellee, v. RICHFIELD LAKES CORPORATION, d/b/a Smokerise Vacation Resort, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 15, 2001, at 9:20 a.m.

Released for Publication September 6, 2001.

Attorney(s) appearing for the Case

MacAloon, Feldman & Weingarden (by Donald J. MacAloon) (Bendure & Thomas by Victor S. Valenti, of counsel), Birmingham, for the plaintiff.

Henneke, McKone, Fraim & Dawes, P.C. (by Edward G. Henneke), Flint, for the defendant.

Before SAWYER, P.J., and JANSEN and GAGE, JJ.

GAGE, J.

This wrongful death action arises from the drowning death of plaintiff's decedent at defendant's vacation resort. The decedent, who was sixty-six years of age at the time of his death, went swimming with two grandchildren early one evening in August 1995. Notwithstanding that ten to fifteen individuals were present on defendant's beach, the decedent drowned, unnoticed by anyone, including defendant's on-duty lifeguards...

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