Michigan Mutual Insurance v. Heatilator Fireplace

This is a products liability case in which we are asked to review the propriety of summary judgments granted in favor of the defendants pursuant to GCR 1963, 117.3, and affirmed by the Court of Appeals.

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This action was instituted by the plaintiff insurer-subrogee of Duane and Mary Geiger. When the Geigers purchased their home in 1975, it had a prefabricated sheet metal fireplace manufactured by defendant Heatilator Fireplace. The fireplace is known in the trade as a "zero-clearance” fireplace because there is no clearance between the fireplace and abutting combustible materials. The unit has…