Legal Opinion
Smith v. City of Detroit Swarthout
Michigan Supreme Court
Decided November 29, 1972No. 7 September Term 1972, Docket No. 51,164PublishedCited by 90 opinions
1Opinion of the CourtSwainson, J.
Both of these cases involve the issue of the validity of the Breckon decision1 in *644wrongful death actions. They have been consolidated for purposes of this opinion because they involve basically the same issues.
SMITH v CITY OF DETROIT
On April 28, 1968, nine-year-old Gary Smith was killed when he fell off a playground apparatus in an upside down position, the apparatus then rolled on top of his head crushing his skull. On February 26, 1970, plaintiff commenced an action under the wrongful death act2 against the City of Detroit contending that the city was negligent and grossly negligent in the…
2Cases cited13 opinions
- Wycko v. GnodtkeMichigan Supreme Court · 1960
- Breckon v. Franklin Fuel Co.Michigan Supreme Court · 1970
- Currie v. FitingMichigan Supreme Court · 1965
- McEvoy v. City of Sault Ste. MarieMichigan Supreme Court · 1904
- Mosier v. CarneyMichigan Supreme Court · 1965
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3Cited by90 opinions
- Bullard v. BarnesIllinois Supreme Court · 1984
- Elliott v. WillisIllinois Supreme Court · 1982
- Sparks v. SparksMichigan Supreme Court · 1992
- Brown v. Manistee County Road CommissionMichigan Supreme Court · 1996
- Walters v. Kellam & Foley, Mussett, Nicholas & Stevenson, Inc.Indiana Court of Appeals · 1977
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