LOWE v. ESTATE MOTORS LTD.

Docket No. 73531.

147 Mich. App. 523 (1985)

382 N.W.2d 811

LOWE v. ESTATE MOTORS LIMITED

Michigan Court of Appeals.

Decided December 16, 1985.


Attorney(s) appearing for the Case

Gerald Tuchow Law Offices, P.C. (by Stephen J. Trahey), for plaintiff.

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by Daniel P. King), for Estate Motors Limited.

Fitzgerald, Young, Peters, Dakmar & Bruno (by Lisa Sewell DeMoss and Neil T. Peters, for Mercedes-Benz of North America, Inc.

Kitch, Suhrheinrich, Smith, Saurbier & Drutchas, P.C. (by Mark Willmarth), for Newark Auto Products.

Before: V.J. BRENNAN, P.J., and CYNAR and C.W. SIMON, JJ.


CYNAR, J.

In this products liability action, plaintiff appeals by leave granted from an interlocutory order denying her motion to strike an affirmative defense pled by defendants and a motion in limine to preclude defendants from introducing evidence of plaintiff's failure to use a seat belt. Plaintiff claims that she was seriously injured on April 18, 1979, when she fell out of a rear passenger door of a 1979 Mercedes-Benz automobile following a collision with a...

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