Legal Opinion

Post v. Textron, Inc.

District Court, W.D. Michigan

Decided December 16, 1981No. G79-625 CA7PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BENJAMIN F. GIBSON, District Judge.

This is a personal injury action within the Court’s diversity-of-citizenship jurisdiction. The plaintiff suffered injuries to his face and neck on December 1,1976, when he was struck by a chain saw he was operating in his job with a Christmas tree company. Pre-trial discovery is continuing in the case.

Plaintiff has presently moved the Court for partial summary judgment in his favor as to defendants’ affirmative defense of contributory negligence.1 He contends that Michigan law, which applies in this case, holds that contributory or comparative…

2Cases cited11 opinions

  1. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  2. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  3. Funk v. General Motors Corp.Michigan Supreme Court · 1974
  4. Tulkku v. MacKworth Rees Division of Avis Industries, IncMichigan Supreme Court · 1979
  5. Tulkku v. MacKworth Rees Division of Avis Industries, Inc.Michigan Court of Appeals · 1980

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3Cited by2 opinions

  1. O'Donnell v. Georgia Osteopathic Hospital, Inc.District Court, N.D. Georgia · 1983
  2. Post v. Textron, Inc.District Court, W.D. Michigan · 1983

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