Swartz v. Dow Chemical Co.

At issue in this wrongful death action is the trial court’s ruling which allowed defendant manufacturer to introduce evidence of citations for violations of safety and health standards promulgated under the Michigan Occupational Safety and Health Act (hereinafter MIO-SHA) 1 issued to the nonparty employer of plaintiffs’ decedent because of decedent’s death. The trial judge, over the objection of plaintiffs before and during trial, allowed the employer’s safety engineer to read from a letter of an unknown Michigan Department of Public Health employee indicating that citations for MIOSHA…