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SUMNER v. GEN MOTORS CORP.

Docket Nos. 156587, 162814, 162894.

212 Mich. App. 694 (1995)

538 N.W.2d 112

SUMNER v. GENERAL MOTORS CORPORATION

Michigan Court of Appeals.

Decided August 18, 1995, at 9:10 A.M.

Attorney(s) appearing for the Case

Beltz & Associates (by Charles D. Riley), for the plaintiffs.

Smith, Haughey, Rice & Roegge (by Lance R. Mather), for the defendant.

Amicus Curiae:

Dickinson, Wright, Moon, Van Dusen & Freeman (by John E.S. Scott) (Herzfeld & Rubin, P.C., by Michael Hoenig, of Counsel).

Before: MICHAEL J. KELLY, P.J., and McDONALD and GRIFFIN, JJ.

McDONALD, J.

Plaintiffs appeal as of right from a judgment of no cause of action entered on September 4, 1992, in this action to recover for negligent manufacture of an automobile and breach of an implied warranty of fitness. Plaintiffs also appeal and defendant cross appeals from a March 11, 1993, order taxing costs against plaintiffs. We reverse.

Plaintiff Constance Sumner was seriously injured when the vehicle she was driving was hit

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