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BRYANT v. OAKPOINTE VILLA NURSING CENTRE

Docket Nos. 121723, 121724. (Calendar No. 2).

684 N.W.2d 864 (2004)

471 Mich. 411

Denise BRYANT, Personal Representative of the Estate of Catherine Hunt, Deceased, Plaintiff-Appellee, v. OAKPOINTE VILLA NURSING CENTRE, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 30, 2004.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto), Royal Oak, MI, and Olsman, Mueller & James, P.C. (by Jules B. Olsman), Berkley, MI, for the plaintiff.

Kitch Drutchas Wagner DeNardis & Valitutti (by Susan Healy Zitterman), Detroit, MI and Carol Holmes, P.C. (by Carol Holmes), Lake Orion, MI, for the defendant.

OPINION

MARKMAN, J.

In this case, plaintiff, Denise Bryant, personal representative of the estate of her deceased aunt, Catherine Hunt, alleges that defendant Oakpointe Villa Nursing Centre, Inc. (Oakpointe), is liable for the death of her aunt, who died from positional asphyxiation while in defendant's care. Plaintiff has alleged that defendant was negligent in four distinct ways: (1) by failing to provide "an...

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