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RODRIGUEZ v. ASE INDUSTRIES, INC.

Docket No. 263930.

738 N.W.2d 238 (2007)

275 Mich. App. 8

Raquel RODRIGUEZ, Plaintiff-Appellee/Cross-Appellant, v. ASE INDUSTRIES, INC., Defendant/Cross-Plaintiff-Appellant/Cross-Appellee, and American Axle & Manufacturing Holdings, Inc., and American Axle & Manufacturing, Inc., Defendants/Cross-Defendants, and Design Systems, Inc., Defendants/Cross-Appellees, and Pacific Employers Insurance, Defendants-Appellees, and Innovative Engineering, Inc., and PMI Management Group, Inc., Defendants.

Court of Appeals of Michigan.

Decided March 22, 2007, at 9:05 a.m.

Released for Publication August 15, 2007.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Johnson, P.C. (by Ven R. Johnson, William J. McHenry, and Heather A. Jefferson), Southfield, for Raquel Rodriguez.

Garan Lucow Miller, P.C. (by Rosalind Rochkind), Detroit, for ASE Industries, Inc.

Burchfield, Park & Pollesch, P.C. (by Kenneth E. Burchfield), Brighton, for Design Systems, Inc.

Conklin Benham, P.C. (by Martin L. Critchell), Bingham Farms, for Pacific Employers Insurance.

Before: SAWYER, P.J., and FITZGERALD and DONOFRIO, JJ.

SAWYER, P.J.

The primary issue presented for our consideration is whether a trial court is free to conclude that a defendant in a products-liability action had actual knowledge that the product was defective under MCL 600.2949a even if the jury has determined under MCL 600.2946a(3) that the defendant was not grossly negligent. We hold that the two determinations are independent and that a finding by the jury that there was no gross negligence does not preclude the...

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