GLITTENBERG
v.
DOUGHBOY RECREATIONAL INDUSTRIES.
SPAULDING
v.
LESCO INTERNATIONAL CORPORATION
HOREN
v.
COLECO INDUSTRIES
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued October 8, 1991.
Decided September 29, 1992.
Attorney(s) appearing for the Case
Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw) for the plaintiffs in Glittenberg.
Richard M. Goodman, Jonathan L. Walker, Thomas W. Stephens, and Mark Granzotto for the plaintiffs in Spaulding.
Trogan & Trogan, P.C. (by Bruce F. Trogan), for the plaintiffs in Horen.
Kerr, Russell & Weber (by Robert G. Russell, Joanne Geha Swanson, and Janice A. Furioso) for the defendants in Glittenberg.
Plunkett & Cooney, P.C. (by Ernest R. Bazzana and Dwight G. Conger), for defendants-appellees Pietila Brothers.
Paskin, Nagi & Baxter, P.C. (by Jeannette A. Paskin and Daniel J. Seymour), for defendant-appellee Coleco Industries, Inc., and defendants Doughboy and Hoffinger.
Ulanoff, Ross & Wesley, P.C. (by Stuart A. Ulanoff and Hilde Farmer-Brooks), for defendant Leso International Corporation.
Garan, Lucow, Miller, Seward, Cooper & Becker,P.C. (by Milton Lucow, Rosalind Rochkind, and David M. Shafer), for defendant S.K. Plastics Corporation.
Paskin, Nagi & Baxter, P.C. (by Jeanette A. Paskin), and Irwin F. Hauffe, P.C. (by Irwin F. Hauffe II), for the defendants in Horen.
Amici Curiae:
Paskin, Nagi & Baxter, P.C. (by Jeanette A. Paskin and Daniel J. Seymour), for Hartford Insurance Company and Claims Management, Inc.
Plunkett & Cooney, P.C. (by Ernest R. Bazzana), for Association of Defense Trial Counsel, Michigan Defense Trial Counsel, and Defense Research Institute.
Aaron D. Twerski and Bowman & Brooke (by Terrence E. Haggerty) for Product Liability Advisory Council, Inc.
Barry P. Waldman, Mark Granzotto, Monica Farris Linkner, and Charles P. Burbach for Michigan Trial Lawyers Association.
Ronald R. Gilbert for Foundation for Spinal Cord Injury Prevention and Aquatic Injury Safety Foundation.
Supreme Court of Michigan.
ON REHEARING
BOYLE, J.
In these cases, we confront again the scope of the duty to warn. The issue is whether summary disposition was properly granted in favor of the defendant manufacturers and sellers on the basis that they had no duty to warn of the danger of a headfirst dive into the shallow water of an aboveground pool, which the parties do not dispute is a simple tool,1 that is...
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