Ellsworth v. Highland Lakes Development Associates

In this landowner’s liability action, plaintiff Thomas Ellsworth, as personal representative of the estate of Nathaniel Ellsworth, deceased, appeals the grant of summary disposition to defendant Highland Lakes Development Associates pursuant to MCR 2.116(C)(8). We affirm.

On May 2, 1986, Nathaniel, then five years old, was on his way to catch frogs on defendant’s land when he was struck by defendant Michael Combs’ motorcycle. Nathaniel died from his injuries. Defendant Combs later pleaded guilty to negligent homicide. The accident occurred on what was originally a tract of farmland acquired by…