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KOSMALSKI v. ST. JOHN'S LUTHERAN CHURCH

Docket No. 240663.

680 N.W.2d 50 (2004)

261 Mich. App. 56

Joseph KOSMALSKI and Kathy Kosmalski, on behalf of Marilyn Kosmalski, a Minor, Plaintiffs-Appellants, v. ST. JOHN'S LUTHERAN CHURCH, Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 4, 2004, at 9:05 a.m.

Released for Publication May 26, 2004.

Attorney(s) appearing for the Case

McAlpine & Associates, P.C. (by Mark L. McAlpine and Mary A. Kosmalski), Auburn Hills, for the plaintiffs.

Bigler, Berry, Johnston, Sztykiel & Hunt, P.C. (by Witold Sztykiel and Mary Jo Boerman), Zeeland, for the defendant.

Before: WHITBECK, C.J., and HOEKSTRA and DONOFRIO, JJ.

HOEKSTRA, J.

In this premises liability action, plaintiffs Joseph and Kathy Kosmalski, on behalf of their daughter Marilyn Kosmalski, a minor, appeal as of right the trial court's order granting defendant St. John's Lutheran Church's motion for summary disposition and dismissing the case. We affirm in part, reverse in part, and remand.

Annually, St. John's holds a vacation bible school at its church facility and volunteers are used to help conduct the vacation...

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