Lopez v. General Motors Corp.

I concur in the decision to reverse and remand because that result is required by Sumner v General Motors Corp, 212 Mich App 694; 538 NW2d 112 (1995), which we must follow because of Administrative Order No. 1996-4.1 However, I believe that Sumner was wrongly decided.

Before Sumner, our Court had distinguished cases involving tests or experiments that recreated the accident at issue from cases where tests or experiments were useful in illustrating general principles surrounding the accident, without attempting to recreate the accident. See, e.g., Gorelick v Dep’t of State Hwys, 127 Mich App…