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DILLON v. S.S. KRESGE COMPANY

Docket No. 11074.

35 Mich. App. 603 (1971)

192 N.W.2d 661

DILLON v. S.S. KRESGE COMPANY.

Michigan Court of Appeals.

Decided August 26, 1971.

Attorney(s) appearing for the Case

Goodman, Eden, Robb, Millender, Goodman & Bedrosian, for plaintiffs.

Plunkett, Cooney, Rutt & Peacock (by William D. Booth and Stanley A. Prokop), for defendant.

Before: LESINSKI, C.J., and J.H. GILLIS and V.J. BRENNAN, JJ.

MEMORANDUM OPINION.

The complaint alleged that plaintiff, Ethel Dillon, while pregnant and employed at defendant's store, contracted the disease rubella because of defendant's negligence in failing to maintain sanitary conditions. As a result, the child, plaintiff Reginald Dillon, suffered serious and permanent injuries.

Defendant filed a motion for summary judgment based upon Newman v. City of Detroit (1937), 281 Mich. 60, and Marlow

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