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Neel v. Sewell

United States District Court for the Eastern District of Michigan
834 F.Supp.2d 648 (2011)


Facts

At the age of 17, Brandon Neel (plaintiff), a resident of Michigan, was helping his step-grandmother clean out her home, along with his father and aunt. The group collected trash from her home, placed it in the backyard, and set it on fire. A bag containing an aerosol can exploded, severely burning Neel. Neel filed suit in federal district court to recover costs for medical expenses and for emotional injuries against his father, David Evans, his aunt, and his step-grandmother, all residents of Tennessee (collectively the defendants). In his complaint, Neel alleged that his father negligently supervised him by failing to maintain adequate standards for the safe disposal of flammable materials. Neel’s father filed a motion for summary judgment, claiming that he is immune from suit.

Rule of Law

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Issue

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Holding and Reasoning (Rosen, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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