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MALLARD v. HOFFINGER INDUSTRIES, INC.

No. 194746.

564 N.W.2d 74 (1997)

222 Mich. App. 137

Charles James MALLARD, Conservator of the Estate of Charles Edward Mallard, a Minor, Charles Mallard and Donna Mallard, Plaintiffs-Appellants, v. HOFFINGER INDUSTRIES, INC., and Pool Town Distributing, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided March 4, 1997, at 9:15 a.m.

Released for Publication May 15, 1997.

Attorney(s) appearing for the Case

Ronald R. Gilbert, P.C. by Ronald R. Gilbert, Detroit, and Roth and Dean by Sanford Roth, Southfield, for plaintiffs-appellants.

Harvey, Kruse, Westen & Milan, P.C. by George W. Steel and Michael J. Guss, Flint, for Hoffinger Industries, Inc.

Vandeveer Garzia, P.C. by Dennis B. Cotter and Hal O. Carroll, Detroit, for Pool Town Distributing, Inc.

Before CORRIGAN, P.J., and MARK J. CAVANAGH and MARILYN J. KELLY, JJ.

ON REMAND

PER CURIAM.

This case is before us for the second time. The Supreme Court has remanded the case for plenary consideration of whether the trial court erred in granting summary disposition of plaintiffs' design defect claim. 451 Mich. 884, 549 N.W.2d 573 (1996). We affirm.

On August 15, 1990, plaintiff Charles Edward Mallard dove headfirst into an above-ground swimming pool and sustained injuries to his spinal cord that left him a quadriplegic...

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