LOWE v. ESTATE MOTORS LTD.

Docket Nos. 77914, 77926, (Calendar No. 18).

428 Mich. 439 (1987)

410 N.W.2d 706

LOWE v. ESTATE MOTORS LIMITED

Supreme Court of Michigan.

Decided August 4, 1987.


Attorney(s) appearing for the Case

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

Fitzgerald, Young, Peters, Dakmak & Bruno (by Neill T. Peters, Stuart J. Snider, and Robert L. Sharbaugh) and Allan G. Freund and Jeffrey C. Poll for defendant Mercedes-Benz of North America, Inc.

Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Mark D. Willmarth, Susan Healy Zitterman, and Anthony G. Arnone), for defendant Newark Auto Products.

Amici Curiae:

Miller, Canfield, Paddock & Stone (by Wolfgang Hoppe and Stephen J. Ott) and Mershon, Sawyer, Johnston, Dunwody & Cole (by Edward T. O'Donnell); (William H. Crabtree, General Counsel, and Edward P. Good, Senior Attorney, of counsel), for the Motor Vehicle Manufacturers Association of the United States, Inc., and the Product Liability Advisory Council, Inc.


Decided August 4, 1987. Rehearing denied 429 Mich. 1207.

RILEY, C.J.

In this automobile products liability action, we review the Court of Appeals reversal of the trial court's interlocutory denial of plaintiff's motion to strike an affirmative defense pled by defendants, and a motion in limine to preclude the introduction of any evidence concerning plaintiff's failure to use an available seat belt. The issue we consider is limited to the admissibility of evidence...

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