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eBook details

• Title: Curry v. City Detroit
• Author : Supreme Court of Michigan
• Release Date : January 24, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Anthony Curry, a boy about ten years old, while participating in a recreational swimming program operated by the City of Detroit Department of Parks and Recreation, fell or was pushed into a swimming pool in water above his head and sustained injuries which led to his death about four months later. His father, Claude Curry, for himself and as administrator of the estate of Anthony, brought an action against the city, alleging that Anthony's injury and death were caused by inadequate and improper supervision of the pool by city employees. The Wayne Circuit Court, Benjamin D. Burdick, J., granted summary judgment for the city on the ground that the action was barred by statutory immunity. Plaintiff filed another complaint based on the same event against the city. The city moved for ""summary judgment"" on the grounds that the complaint failed to state a claim upon which relief could be granted and that the action was barred by res judicata. The Court of Appeals, Quinn, P. J., and McGregor and Bronson, JJ., denied application for delayed appeal in the first action (Docket No. 12483), and another panel, J. H. Gillis, P. J., and Bashara and O'Hara, JJ., affirmed in the second (Docket No. 12482). Plaintiff appeals from the decision in the second action. Held: 1. The decision of the Court of Appeals is affirmed on the basis that the summary judgment, denial of leave to appeal, and failure to appeal to the Supreme Court in the first suit bars the second.

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