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DOWNS v. SAPERSTEIN ASSOCIATES CORP.

Nos. 248360, 248361, 248362.

697 N.W.2d 190 (2005)

265 Mich. App. 696

Kimberly DOWNS, as Personal Representative of the Estate of Annette Eggleston, Deceased, and Maruel Eggleston, as Personal Representative of the Estate of Annette Eggleston, Deceased, Plaintiffs-Appellees, v. SAPERSTEIN ASSOCIATES CORPORATION, Pallister Plaisance Ltd. Housing Association, City of Detroit, and L. Paul Ringler, Defendants, and Robert W. Kirk, as Personal Representative of the Estate of Ronald Nauman, Deceased, Defendant-Appellant. Hester Shannon, as Personal Representative of the Estate of Norfessia Shannon, Deceased, and the Estate of Au Jane Marie Wright, Deceased, and Next Friend of Daree Shannon, Minor, Plaintiff-Appellee, v. Edward Harris, Saperstein Associates Corporation, Michael Hastings, and Edward Huyck, Defendants, and Robert W. Kirk, as Personal Representative of the Estate of Ronald Nauman, Deceased, Defendant-Appellant. Kimberly Ausby, as Personal Representative of the Estate of Jeannette Patricia Ausby, Deceased, Plaintiff-Appellee, v. Saperstein Associates Corporation, Pallister Plaisance Ltd. Housing Association, City of Detroit, and L. Paul Ringler, Defendants, and Robert W. Kirk, as Personal Representative of the Estate of Ronald Nauman, Deceased, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 15, 2005.

Approved for publication April 14, 2005, at 9:00 a.m.

Released for Publication May 26, 2005.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Johnson, P.C. (by Geoffrey N. Fieger, Arnie J. Matusz, and Tammy J. Reiss), Southfield, for the plaintiffs.

Ruth C. Carter, Corporation Counsel, Joanne D. Stafford, Supervising Assistant Corporation Counsel, and John A. Schapka, Assistant Corporation Counsel, and Jacob Schwarzberg, Detroit, for Robert W. Kirk.

Before: WILDER, P.J., and HOEKSTRA and OWENS, JJ.

PER CURIAM.

In these wrongful death actions, Ronald W. Kirk, as the personal representative of the estate of Ronald Nauman, deceased, (defendant) appeals as of right the order denying his three motions for summary disposition under MCR 2.116(C)(7). We reverse and remand for entry of an order granting defendant summary disposition in each case.

I

These consolidated appeals arise from a fire that occurred on April 1, 2000, on the eighth floor of an...

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