McKAY v. FORD MOTOR COMPANY

No. 73-1461.

499 F.2d 947 (1974)

Edward McKAY and Margaret McKay, his wife, Plaintiffs-Appellants, v. FORD MOTOR COMPANY and Michigan Commercial Contracting Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1974.


Attorney(s) appearing for the Case

Rothe, Marston, Mazey, Sachs & O'Connell, by D. Charles Marston, James B. Veu Casovic, Detroit, Mich., on brief, for plaintiffs-appellants.

Alexander, Buchanan & Seavitt, Robert J. Stowe, Detroit, Mich., on brief, for Ford Motor Co.

Davidson, Gotshall, Halsey, Kohl, Nelson, Secrest & Wardle, Terrance M. Lynch, Detroit, Mich., on brief, for Michigan Commercial Contracting Corp.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and CECIL, Senior Circuit Judge.


McCREE, Circuit Judge.

This is a diversity action to recover damages for personal injuries. Plaintiffs appeal from the denial of their motion for a new trial, after a jury verdict and judgment for defendants. This appeal presents the questions whether, under Michigan law, the "simple tool" doctrine is a defense in a negligence action brought by a business invitee alleging defendants' breach of their duty to provide reasonably safe working implements, and whether,...

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