Legal Opinion

Tulkku v. MacKworth Rees Division of Avis Industries, Inc

Michigan Supreme Court

Decided July 25, 1979No. 60066, (Calendar No. 5)PublishedCited by 37 opinions

1Opinion of the Court

Blair Moody, Jr., J.

We granted leave to appeal to consider whether contributory negligence is a defense in a products liability action where it is alleged that defendant’s failure to provide an adequate safety device was the proximate cause of plaintiffs injury. In so doing, we are asked to consider whether the decision of this Court in Funk v General Motors Corp, 392 Mich 91; 220 NW2d 641 (1974), which held that contributory negligence was no defense where plaintiff’s injuries resulted from defendant’s failure to provide any safety device, is applicable to the facts of the case at bar.…

2Cases cited5 opinions

  1. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  2. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  3. Funk v. General Motors Corp.Michigan Supreme Court · 1974
  4. Bexiga v. Havir Manufacturing Corp.Supreme Court of New Jersey · 1972
  5. Tulkku v. MacKworth Rees, Division of Avis Industries, Inc.Michigan Court of Appeals · 1977

3Cited by37 opinions

  1. Hardy v. Monsanto Enviro-Chem Systems, IncMichigan Supreme Court · 1982
  2. Beals v. WalkerMichigan Supreme Court · 1982
  3. Hall v. Department of State HighwaysMichigan Court of Appeals · 1981
  4. Thursby v. Reynolds Metals Co.District Court of Appeal of Florida · 1985
  5. Sweetman v. State Highway DepartmentMichigan Court of Appeals · 1984

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