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BRAGAN EX REL. BRAGAN v. SYMANZIK

Docket No. 247287.

687 N.W.2d 881 (2004)

263 Mich. App. 324

Valentine BRAGAN, a Minor, By his Next Friend, Robert BRAGAN, Plaintiff-Appellant, v. Eugene SYMANZIK, Carolyn Symanzik, and Symanzik's Berry Farms, Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 19, 2004, at 9:10 a.m.

Released for Publication October 13, 2004.

Attorney(s) appearing for the Case

Mindell, Malin & Kutinsky (by Brian A. Kutinsky), Southfield, for the plaintiff.

Moblo & Fleming, P.C. (by Richard E. Moblo and Cheryl L. Ronk), Novi, for the defendant.

Before: MURPHY, P.J., and JANSEN and COOPER, JJ.

COOPER, J.

Plaintiff Valentine Bragan appeals as of right the trial court's order dismissing his claims of negligence, failure to supervise, and failure to warn against defendants Eugene and Carolyn Symanzik and Symanzik's Berry Farms, pursuant to MCR 2.116(C)(10) in this premises liability action. Plaintiff urges this Court to find that plaintiff's age is relevant to the determination that a dangerous condition is open and obvious. We find that landowners owe a special...

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