GLITTENBERG v. DOUGHBOY INDUS., INC

Docket No. 85391, (Calendar No. 4).

436 Mich. 673 (1990)

462 N.W.2d 348

GLITTENBERG v. DOUGHBOY RECREATIONAL INDUSTRIES, INC

Supreme Court of Michigan.

Decided September 28, 1990.


Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw) for the plaintiffs.

Kerr, Russell & Weber (by Robert G. Russell, Joanne Geha Swanson, and Janice A. Furioso) for the defendant.

Amici Curiae:

Plunkett & Cooney, P.C. (by Ernest R. Bazzana), for the Defense Trial Counsel and Michigan Defense Trial Counsel.

Ronald R. Gilbert for the Foundation for Spinal Cord Injury Prevention and Aquatic Injury Safety Foundation.

Paskin, Nagi & Baxter, P.C. (by Jeannette A. Paskin and Daniel J. Seymour), for Hartford Insurance Company and Claims Management, Inc.

Mark Granzotto, Monica Linkner, and Charles P. Burbach for the Michigan Trial Lawyers Association.


GRIFFIN, J.

In this products liability case alleging negligent failure to warn, we must decide whether the manufacturer of an above-ground swimming pool had a duty to warn plaintiff that serious or permanent injuries could result from a dive into the shallow end of the pool. Because a reasonably prudent person would recognize that a headfirst dive into observably shallow water carries with it substantial risk of serious...

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