STOPCZYNSKI v. WOODCOX

Docket No. 239855.

671 N.W.2d 119 (2003)

258 Mich. App. 226

Patricia STOPCZYNSKI, Personal Representative of the Estate of Jessica Danielle Stopczynski, Deceased, Plaintiff-Appellee, v. Deborah L. WOODCOX, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 26, 2003, at 9:10 a.m.

Released for Publication October 29, 2003.


Attorney(s) appearing for the Case

Morris & Doherty, P.C. (by Janis L. Adams and Paul F. Doherty), Birmingham, for the plaintiff.

Romain, Kuck & Egerer, P.C. (by Timothy E. Egerer and Douglas J. Curlew), Southfield, for the defendant.

Before: HOEKSTRA, P.J., and SAWYER and ZAHRA, JJ.


SAWYER, J.

Defendant appeals by leave granted from an order of the circuit court denying her motion for summary disposition. We reverse. This appeal is being decided without oral argument pursuant to MCR 7.214(E)(1)(b).

Plaintiff's decedent died from injuries sustained on June 19, 2000, when she apparently dove into defendant's above-ground swimming pool and struck her head on the bottom. The pool was four feet tall, with the water level a few inches below...

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