Gregory v. Cincinnati Inc.

At issu3 in this case is the propriety of a continuing duty to repair or recall theory of *6products liability in a negligent design case. The inquiry is whether Michigan law recognizes a continuing duty to repair or recall and, if not, on these facts, whether it was error to introduce this theory and its accompanying evidence. We hold that there is no continuing duty to repair or recall a product. The inquiry in a design defect case requires the trier of fact to assess the risks and utility of the product at the time of manufacture. Evidence of conduct after the date of manufacture improperly…