Legal Opinion

Matthews v. City of Detroit

Michigan Court of Appeals

Decided April 2, 1985No. Docket 77738PublishedCited by 13 opinions

1Opinion of the Court

Per Curiam:.

On July 2, 1981, Malik Matthews, age 6, drowned in the water surrounding the Scott Fountain on the island of Belle Isle. His estate sued the City of Detroit for his wrongful death, alleging negligence, intentional nuisance, gross negligence, wilful and wanton misconduct, and attractive nuisance.

This appeal brings into question the propriety of the trial court’s entry, pursuant to GCR 117.2(1), of a summary judgment as to all counts.

The negligence count was attacked by defendant under the recreational use act:_

"No cause of action shall arise for injuries to any person who is on the…

2Cases cited17 opinions

  1. Gibbard v. CursanMichigan Supreme Court · 1923
  2. Gerzeski v. Department of State HighwaysMichigan Supreme Court · 1978
  3. Burnett v. City of AdrianMichigan Supreme Court · 1982
  4. Heider v. Michigan Sugar Co.Michigan Supreme Court · 1966
  5. Thomas v. Consumers Power Co.Michigan Court of Appeals · 1975

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Conway v. Town of WiltonSupreme Court of Connecticut · 1996
  2. Winiecki v. WolfMichigan Court of Appeals · 1985
  3. Williams v. City of CadillacMichigan Court of Appeals · 1985
  4. Ellsworth v. Highland Lakes Development AssociatesMichigan Court of Appeals · 1993
  5. Ballard v. Ypsilanti TownshipMichigan Court of Appeals · 1996

8 more not listed; retrieve them via the Exa API.

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