SWARTZ v. DOW CHEMICAL CO.

Docket No. 78-4639.

95 Mich. App. 328 (1980)

290 N.W.2d 135

SWARTZ v. DOW CHEMICAL COMPANY

Michigan Court of Appeals.

Decided February 5, 1980.


Attorney(s) appearing for the Case

Dean A. Polzin Law Offices (by Robert A. Kaminski), for plaintiff.

Isackson & Neering, P.C. (by Frank M. Quinn and James J. Kent), for Dow Chemical Company.

Troester, Picard, MacNeil, Learman & DeWit, for McKesson Chemical Company.

Before: DANHOF, C.J., and BEASLEY and CYNAR, JJ.


BEASLEY, J.

Plaintiff's decedent, Brian Swartz, a 19-year-old relatively new employee of Baker-Perkins Co., was killed in an industrial accident on April 25, 1974. His death apparently occurred from asphyxiation when he was cleaning a gimbal box by applying Dowclene with an atomizer spray gun contrary to advice of his more experienced coemployee. Dowclene is manufactured by defendant Dow Chemical Co., and is distributed by defendant McKesson Chemical Co.

Plaintiffs...

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