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WYSOCKI v. KIVI

Docket No. 221989.

639 N.W.2d 572 (2001)

248 Mich. App. 346

Patrick WYSOCKI, Plaintiff-Appellant, v. Ruth KIVI, Defendant, and Kenneth Felt, Personal Representative of the Estate of David Felt, Defendant-Appellee, and Mark Sutinen, Defendant.

Court of Appeals of Michigan.

Decided November 20, 2001, at 9:00 a.m.

Released for Publication February 5, 2002.

Attorney(s) appearing for the Case

David M. Gemignani, Houghton, for Patrick Wysocki.

Garan Lucow Miller, P.C., (by Rosalind Rochkind), Detroit, for Kenneth Felt.

Before: SAWYER, P.J., and SMOLENSKI and WHITBECK, JJ.

WHITBECK, J.

Plaintiff Patrick Wysocki appeals as of right a jury verdict of no cause of action. Wysocki sued defendants, alleging negligent design and construction and premises liability after he suffered injuries when, while intoxicated, he broke through a deck railing and fell. The jury found that Wysocki was fifty percent or more at fault because of intoxication, barring...

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