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GREENE v. A.P. PRODUCTS, LTD.

Docket Nos. 127718, 127734. Calendar No. 2.

717 N.W.2d 855 (2006)

475 Mich. 502

Cheryce GREENE, as Personal Representative of the Estate of Keimer Easley, Deceased, Plaintiff-Appellee, v. A.P. PRODUCTS, LTD., and Revlon Consumer Products Corporation, Defendants-Appellants, and Super 7 Beauty Supply, Inc., f/k/a Pro Care Beauty Service, Inc, f/k/a Pro Care Beauty Supply, Defendants-Appellees, and Raani Corporation, Defendant. Cheryce Greene, as Personal Representative of the Estate of Keimer Easley, Deceased, Plaintiff-Appellee, v. A.P. Products, Ltd., and Revlon Consumer Products Corporation, Defendants-Appellees, and Super 7 Beauty Supply, Inc., f/k/a Pro Care Beauty Service, Inc., f/k/a Pro Care Beauty Supply, Defendants-Appellants, and Raani Corporation, Defendant.

Supreme Court of Michigan.

July 19, 2006.

Attorney(s) appearing for the Case

McKeen & Associates, P.C. (by Brian J. McKeen and Ramona C. Howard), Detroit and Frederick M. Rosen, Detroit for the plaintiff.

Plunkett & Cooney, P.C. (by Ernest R. Bazzana and Edward J. Higgins), Detroit, for A.P. Products, Ltd., and Revlon Consumer Products Corporation.

Kaufman, Payton & Chapa (by Howard S. Weingarden and Frank A. Misuraca) Farmington Hills, for Super 7 Beauty Supply, Inc.

CORRIGAN, J.

In this case we consider the scope of a manufacturer's or seller's duty to warn of product risks under MCL 600.2948(2). We conclude that the statute imposes a duty to warn that extends only to material risks not obvious to a reasonably prudent product user, and to material risks that are not, or should not be, a matter of common knowledge to persons in the same or a similar position as the person who suffered the injury in question. Because the material...

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