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STATE OF MICHIGAN COURT OF APPEALS

ANGELA BARRETT, Plaintiff-Appellee, and BLUE CROSS BLUE SHIELD OF MICHIGAN, Intervening Plaintiff, v MARK ANTHONY MILAI, Defendant-Appellant.

UNPUBLISHED December 15, 2011

No. 300968 Oakland Circuit Court LC No. 2009-098872-NO

Before: O'CONNELL, P.J., and MURRAY and DONOFRIO, JJ. PER CURIAM. Defendant appeals as of right the trial court's order denying his motion for summary disposition pursuant to MCR 2.116(C)(7). We reverse and remand for entry of an order granting defendant's motion for summary disposition. I. BACKGROUND This case arises out of an accident on a hay ride during a yearly family party at Camp Dearborn. As was typical in years past, on October 6, 2007, plaintiff's group met at a reserved pavilion within Camp Dearborn about an hour and a half before the scheduled hay ride to enjoy food, drinks, and socialization.1 Defendant was the driver of the tractor pulling the wagon for the hay ride. When defendant arrived at the pavilion, about 30 people boarded the wagon for the hay ride. Defendant drove through Camp Dearborn along the normal route while weaving and

Although plaintiff's blood alcohol level was a .19 about an hour after the accident, we do not consider whether plaintiff's intoxication contributed to her accident.

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completing figure eights.2 Towards the end of the hay ride plaintiff, who was sitting at the edge of the wagon, fell out and sustained serious bodily injury.3 According to Russell Swinson, plaintiff's husband, the accident occurred when the wagon made a sharp turn: [Mr. Swinson]: We got back

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