Murday v. Bales Trucking, Inc

Plaintiff appeals as of right from a circuit court order granting defendants summary disposition pursuant to MCR 2.116(C)(8) and (10). The court ruled that plaintiff had failed to show that defendants’ property was inherently dangerous. Rather, it was the conduct of the children that created a dangerous condition. Thus, plaintiff failed to prove a negligence claim or a case of attractive nuisance. We affirm.

On November 16, 1975, plaintiff, who was nine years old at the time, her brother and a friend were on defendants’ property. The vacant property was used for excavation and defendant Bales…