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STATE OF MICHIGAN
COURT OF APPEALS


LORI DAVIS, as Next Friend of RYAN DAVIS, a Minor, Plaintiff-Appellant, v KRISTOPHER HARRIS, SHERRY HARRIS, DAVID HARRIS, DEBORAH WEISS BENNETT and MICHAEL BENNETT, Defendants, and HERSHAL GROSS and JANE GROSS, Defendants-Appellees.

UNPUBLISHED September 7, 1999

No. 208065 Oakland Circuit Court LC No. 96-533802 NO

Before: Bandstra, C.J., and Whitbeck and Talbot, JJ. PER CURIAM. Plaintiff appeals as of right from the trial court's order granting defendants-appellees' motion for summary disposition pursuant to MCR 2.116(C)(10) (no genuine issue of material fact) in this negligence case.1 We affirm. On appeal, plaintiff argues that appellees owed Ryan Davis a duty of care at the time the attack occurred and that the trial court erred in ordering summary disposition because there are genuine issues of fact regarding whether appellees negligently supervised the children that were invited to their home and regarding whether appellees caused Davis' injuries. This Court reviews decisions on motions for summary disposition de novo. Spiek v Dep't of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998). A motion brought pursuant to MCR 2.116(C)(10) is reviewed to determine whether the affidavits, pleadings, depositions, or any other documentary evidence establishes a genuine issue of material fact to warrant a trial. Spiek, supra.

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To establish a prima facie case of negligence, a plaintiff must prove four elements: (1) a duty owed by the defendant to the plaintiff; (2) a breach of that duty; (3) causation; and (4) damages. Schultz v Consumers Power Co, 443 Mich 445, 449; 506 NW2d 175 (1993); Swan v Wedgwood Christian Youth & Family Services, Inc, 230 Mich App 190, 195; 583 NW2d 719 (1998). "Duty" is a legally recognized obligation "`to conform to a particular standard of conduct toward another.'" Antcliff v State Employees Credit Union, 414 Mich 624, 630-631; 327 NW2d 814 (1982), quoting Prosser, Torts (4th ed),

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