Heitsch v. Hampton

Plaintiffs appeal as of right from an order granting summary disposition in favor of defendant Michigan Bell Telephone Company (hereinafter defendant). We affirm.

This is a wrongful death action. During the night of November 28, 1982, Charles Hampton and Darrin Ortega broke into the home of plaintiffs’ decedent, William J. Heitsch. Decedent was ninety years old, in reasonably good health, and lived alone. Approximately an hour before the break-in, Hampton and Ortega broke a window in decedent’s bedroom, according to plaintiffs, to see if anyone would respond. During the break-in, the two men…