Edward McKay and Margaret McKay His Wife v. Ford Motor Company and Michigan Commercial Contracting Corporation

McCREE, Circuit Judge.

This is a diversity action to recover damages for personal injuries. Plaintiffs appeal from the denial of their motion for a new trial, after a jury verdict and judgment for defendants. This appeal presents the questions whether, under Michigan law, the “simple tool” doctrine is a defense in a negligence action brought by a business invitee alleging defendants’ breach of their, duty to provide reasonably safe working implements, and whether, if that doctrine applies, the district'court erred in charging the jury that the ladder furnished appellant Edward McKay was a…