Freedman v. City of Oak Park

Plaintiff appeals as of right from the trial court’s July 30, 1986, order granting summary disposition in favor of defendant. We affirm.

Plaintiff Shaindy Freedman commenced this action individually and as the next friend of Moshe Freedman, a child who was allegedly injured on June 7, 1982, after falling through a hole in the roof of a covered park bench in a public park operated by defendant Oak Park. The complaint, filed June 5, 1985, alleged that defendant negligently maintained this park bench shelter.

On April 14, 1986, defendant filed a motion for summary disposition under MCR 2.116,…