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AYRE v. OUTLAW DECOYS, INC.

Docket No. 234826.

664 N.W.2d 263 (2003)

256 Mich. App. 517

Ann AYRE, as Personal Representative of the Estate of James O. Ayre, Deceased, and Elizabeth Swift, as Personal Representative of the Estate of Howard G. Swift, III, Deceased, Plaintiffs, and Susanne Burnside, as Personal Representative of the Estates of Rodney G. Burnside, Deceased, and Bradley H. Burnside, Deceased, Plaintiff-Appellant, v. OUTLAW DECOYS, INC., and Wingset Company d/b/a Outlaw Marine, Defendants, and Attwood Corporation, Defendant-Appellee, and Lefler Marine Limited, Third Party Defendant.

Court of Appeals of Michigan.

Decided May 13, 2003, at 9:00 am.

Released for Publication July 1, 2003.

Attorney(s) appearing for the Case

Chaklos, Jungerheld, Hahn & Washburn, P.C. (by Thomas C. Wimsatt), Saginaw, for the plaintiff.

Harvey Kruse, P.C. (by George W. Steel), Flint, for the defendant.

Before WHITBECK, C.J., and MARK A. CAVANAGH and BANDSTRA, JJ.

MARK A. CAVANAGH, J.

Plaintiff Susanne Burnside, personal representative of the estate of Bradley H. Burnside, deceased, appeals as of right the trial court's order awarding $232,794 in case evaluation sanctions to defendant Attwood Corporation. We vacate and remand.

On November 11, 1995, James O. Ayre; Howard G. Swift, III; Rodney G. Burnside; and Bradley H. Burnside, Rodney's fourteen-year-old son, died when Ayre's eighteen-foot recreational boat capsized...

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