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XU v. GAY

Docket No. 237520.

668 N.W.2d 166 (2003)

257 Mich. App. 263

Junyi XU, Plaintiff-Appellant, and Haini Hou, Plaintiff, v. Hiedi GAY, d/b/a Vital Power Fitness Center, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 24, 2003, at 9:20 a.m.

Released for Publication August 20, 2003.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto) and Donald L. Bramlage, Jr., P.C. (by Donald L. Bramlage, Jr.), Detroit, Farmington Hills, for the plaintiff.

Coticchio & Associates, P.C. (by Stephen A. Coticchio), Mt. Clemens, for the defendant.

Before: HOEKSTRA, P.J., and SMOLENSKI and FORT HOOD, JJ.

SMOLENSKI, J.

In this wrongful-death action, plaintiff Junyi Xu, as personal representative for the estate of decedent Ning Yan, appeals as of right the trial court's entry of two orders granting summary disposition in favor of defendant Hiedi Gay, doing business as Vital Power Fitness Center. We affirm in part, reverse in part, and remand.

I

In February 1999, Ning Yan went to defendant's fitness center to use a oneweek complimentary pass. Yan visited...

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