Graham v. Gratiot County

Plaintiff’s decedent drowned while swimming in a gravel pit located upon property owned and operated by defendants. Plaintiff filed this action for wrongful death based on theories of negligence, gross negligence and maintenance of an attractive nuisance. Defendants moved for summary judgment pursuant to GCR 1963, 117.2(3). The trial court granted the motion and plaintiff appeals as of right.

This action is governed by the recreational use statute, MCL 300.201; MSA 13.1485, which provides:

"No cause of action shall arise for injuries to any person who is on the lands of another without paying…