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IN RE CERTIFIED QUESTIONS

Docket No. 68258, (Calendar No. 5).

416 Mich. 558 (1982)

331 N.W.2d 456

In re CERTIFIED QUESTIONS KARL v. BRYANT AIR CONDITIONING COMPANY

Supreme Court of Michigan.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Ronald R. Stempien, P.C., for the plaintiff.

Law Offices of Gofrank & Kelman (by Sally Steinhart, Barry M. Kelman, and Philip G. Bozzo) for the defendants.

Amici Curiae:

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen (by Ernest R. Bazzana) for Association of Defense Trial Counsel and Michigan Defense Trial Counsel.

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Steven G. Silverman and Richard E. Shaw) for Michigan Trial Lawyers Association.

WILLIAMS, J.

INTRODUCTION

This is a case of first impression. The issues are whether the comparative negligence provisions of MCL 600.2949; MSA 27A.2949,1 applies to a products liability action sounding in "negligence, breach of warranty and other misconduct"; and, if so, whether it is retrospective; and, if retrospective, whether it is constitutional.

This diversity case was removed from Oakland Circuit Court to...

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