GRAND HAVEN, Mich. (WOOD) — The Michigan Court of Appeals has overturned a ruling by a West Michigan court in the death of an Ottawa County boy who died in a sledding accident.
The ruling will allow the family of Chance Nash, 11, to once again sue the Duncan Park Commission and Trust for Chance’s death in 2009.
Chance was sledding at Duncan Park on New Year’s Eve when he hit a dead tree covered in snow. His abdomen was injured in the collision, and he died from internal bleeding, according to the Associated Press.
Chance’s family later sued the Duncan Park Commission and Trust, which is in charge of the park.
However, the commission and trust claimed governmental immunity because the City of Grand Haven is involved with approving its members, and stated that under the original rules of the trust, they are required not to disturb the land.
An Ottawa County Circuit Court judge originally dismissed the lawsuit filed by Chance’s family, agreeing with the commission and trust that it had governmental immunity.
Now that the Michigan Court of Appeals has overturned the ruling decision, the case will go back to Ottawa County Circuit Court.