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Campbell v. Kovich

Michigan Court of Appeals
731 N.W.2d 112 (2006)


Facts

Ashton Minish (defendant) was mowing the lawn of Steven and Julie Kovich (defendants) when an unknown object struck Karie Campbell (plaintiff) in the eye. The identity of the object was unclear, but Campbell believed that it had been thrown from the lawn mower. Minish had inspected the lawn for a couple of minutes before starting to mow and appeared to be mowing attentively when Campbell was struck. Afterwards, he claimed that he had not seen anything in the mower’s path and that he had not mowed over anything. Campbell and her husband David (plaintiff), on behalf of themselves and their two minor children, sued the Koviches and Minish in a Michigan state court, claiming negligence, negligent infliction of emotional distress, and loss of consortium. Defendants moved for summary disposition, which the trial court granted. The Campbells appealed, contending that there was sufficient evidence of Minish’s negligence.

Rule of Law

Issue

Holding and Reasoning

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