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GREGORY v. CINCINNATI INC.

Docket No. 98284, (Calendar No. 8).

450 Mich. 1 (1995)

GREGORY v. CINCINNATI INCORPORATED

Supreme Court of Michigan.

Decided August 15, 1995.

Attorney(s) appearing for the Case

Allen T. Eaton, David T. Smorodin, and Ernest W. McIntosh, Jr., and Kathleen Wilson for the plaintiff.

Harvey, Kruse, Westen & Milan, P.C. (by Dennis M. Goebel and Maurice A. Borden), for the defendants.

Amici Curiae:

Plunkett & Cooney, P.C. (by Mary Massaron Ross), for Michigan Defense Trial Counsel, Inc.

Mark Granzotto, Jeffrey T. Meyers, and Richard E. Shaw for Michigan Trial Lawyers Association.

RILEY, J.

At issue in this case is the propriety of a continuing duty to repair or recall theory of products liability in a negligent design case. The inquiry is whether Michigan law recognizes a continuing duty to repair or recall and, if not, on these facts, whether it was error to introduce this theory and its accompanying evidence. We hold that there is no continuing duty to repair or recall a product. The inquiry in a...

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