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TSCHIRHART v. CITY OF TROY

SC: 160877; 160878 COA: 345411; 345715.

966 N.W.2d 343 (2021)

Deborah TSCHIRHART, Personal Representative of the Estate of Shaun M. Tschirhart, Plaintiff-Appellant/Cross-Appellee, v. CITY OF TROY, Alexander Yarbrough, Nicholas Yarbrough, Mary Alleman, and Alexis Calhoun, Defendants-Appellees, and Susan O'Connor, Defendant-Appellee/Cross-Appellant.

Supreme Court of Michigan.

November 29, 2021.

Order

On November 9, 2021, the Court heard oral argument on the application for leave to appeal the December 17, 2019 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that, as a matter of law, a lifeguard's delay, even if it constitutes gross negligence, cannot be a "cause in fact" of a person's drowning....

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