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SMITH LIVING TRUST v. ERICKSON RET. COMMS.

No. 338638.

928 N.W.2d 227 (2018)

326 Mich. App. 366

SMITH LIVING TRUST and Estate of Reginald Smith, by David Smith, as Trustee and Personal Representative, and on behalf of all others similarly situated, Plaintiff-Appellant, v. ERICKSON RETIREMENT COMMUNITIES, Henry Ford Village, Inc., Redwood-ERC Management, LLC, doing business as Erickson Living Management, Life Care Services, Senior Campus Services, LLC, and Senior Campus Living, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 30, 2018, 9:00 a.m.

Attorney(s) appearing for the Case

Mantese Honigman, PC (by David Honigman , Troy, Krista Hosmer , Southfield, and Jordan Segal) for plaintiff.

Dykema Gossett PLLC (by Jill M. Wheaton , Ann Arbor and Dennis M. Haffey , Bloomfield Hills) for Henry Ford Village, Inc.

Blake Kirchner Symonds Larson Kennedy & Smith (by Richard P. Smith ), Detroit, for Redwood-ERC Management, LLC.

Plunkett Cooney (by Jeffrey C. Gerish and Patrick C. Lannen ), Bloomfield Hills, for Life Care Services, LLC.

Before: Murray, C.J., and Borrello and Ronayne Krause, JJ.

Acting as personal representative and successor trustee, respectively, of the estate and trust of his deceased father Reginald Smith (decedent), plaintiff, David Smith, appeals as of right the trial court's order granting defendants summary disposition under MCR 2.116(C)(10)1 of all claims in this...

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