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SZYMANSKI v. K MART CORP.

Docket No. 165159.

202 Mich. App. 348 (1993)

509 N.W.2d 801

SZYMANSKI v. K MART CORPORATION

Michigan Court of Appeals.

Decided November 2, 1993, at 9:00 A.M.

Attorney(s) appearing for the Case

Gibson & Frederick, P.C. (by Phillip D. Frederick) (Bendure & Thomas, by Mark R. Bendure and Sidney A. Klingler, of Counsel), for the plaintiff.

Beier Howlett, P.C. (by Gerald G. White and Robert G. Waddell), for the defendant.

Before: GRIFFIN, P.J., and HOLBROOK, JR., and REILLY, JJ.

ON REMAND

PER CURIAM.

Pursuant to the remand order of the Supreme Court vacating our prior decision, we again consider whether the jury verdict in this case can be sustained on a theory of independent negligence.1 We conclude that it cannot, and again reverse.

Plaintiff John M. Szymanski, an employee of Cadillac Window Cleaning Company, was injured when he fell from a scaffold suspended approximately forty feet above...

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