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Hensley v. THE MUSKIN CORP.

Hensley v. the Muskin Corporation

Hensley v. The Muskin Corp., 238 N.W.2d 362 (Mich. Ct. App. 1975)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
August 18, 1975
Docket
No. 22899
Judges
Bashara, Gillis, Cavanagh
Citations
238 N.W.2d 36265 Mich. App. 6621975 Mich. App. LEXIS 1009

Opinion — Per Curiam

Per Curiam.

Plaintiff, George Hensley, was permanently injured in a tragic accident. On June 20, 1971, he dove off a 7-foot high garage into a 4-foot deep swimming pool. The pool was owned by plaintiff’s brother-in-law, Glenn Smith, and was located in Smith’s backyard. Hensley sued the pool manufacturer, The Muskin Corporation, the retail seller, Federal’s, Inc., and his brother-in-law, alleging breach of various warranties and negligence, as well as a theory of strict liability.

In essence, plaintiff alleges that defendants were under a duty to warn him that he should not dive into the pool. The record reveals that plaintiff was a 28-year-old person with some swimming experience and that he helped assemble the pool and knew full well that it was only 4 feet deep. Under these circumstances we feel that the trial judge correctly granted summary judgment for all defendants. Neither the manufacturer, the seller, nor the brother-in-law were under any duty to warn this plaintiff of an obviously dangerous use of an otherwise nondangerous product.

Fisher v Johnson Milk Co, 383 Mich 158 ; 174 NW2d 752 (1970), Colosimo v May Department Co, 466 F2d 1234 (CA 3, 1972).

Affirmed. Costs to defendants.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

Cited by 14 cases

View all citing references →
1980: 11982: 21983: 11985: 11986: 11987: 11988: 11990: 21991: 11992: 319802026peak 1992 · 3

Relies on it most ⓘ

  1. Glittenberg v. Doughboy Recreational Industries, Inc462 N.W.2d 348 (Mich. 1990)
  2. Fleck v. KDI Sylvan Pools, Inc.981 F.2d 107 (3d Cir. 1992)
  3. Glittenberg v. Doughboy Recreational Industries491 N.W.2d 208 (Mich. 1992)
  4. Sherk v. DAISY-HEDDON, ETC.450 A.2d 615 (Pa. 1982)
  5. Smith v. City & County of Denver ex rel. Board of Water Commissioners726 P.2d 1125 (Colo. 1986)
  6. American Optical Co. v. Weidenhamer457 N.E.2d 181 (Ind. 1983)

Most recent

  1. Richard Fleck Diane Fleck v. Kdi Sylvan Pools, Inc. v. S.K. Plastics, Inc981 F.2d 107 (3d Cir. 1992)
  2. Fleck v. KDI Sylvan Pools, Inc.981 F.2d 107 (3d Cir. 1992)
  3. Glittenberg v. Doughboy Recreational Industries491 N.W.2d 208 (Mich. 1992)
  4. Mucowski v. Clark590 A.2d 348 (Pa. Super. Ct. 1991)
  5. Glittenberg v. Doughboy Recreational Industries, Inc462 N.W.2d 348 (Mich. 1990)
  6. Spaulding v. Lesco International Corp.451 N.W.2d 603 (Mich. Ct. App. 1990)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Fisher v. Johnson Milk Co., 174 N.W.2d 752 (Mich. 1970) 63

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