Hardy v. Monsanto Enviro-Chem Systems, Inc

Blair Moody, Jr., J.

(dissenting in part). In granting leave to appeal in this construction-site accident case, the Court directed the parties to include among the questions to be addressed:

What is the status of the contributory negligence defense in safety equipment cases in light of Funk v General Motors Corp, 392 Mich 91; 220 NW2d 641 (1974)?

Whether the trial court erred in denying the subcontractor’s motion for directed verdict on the general contractor’s cross-claim for indemnity. 407 Mich 880 (1979).

We hold that it was error to instruct the jury that the "ordinary” contributory…