Hensley v. THE MUSKIN CORP.
Cases that cite this one
14 later published cases cite this decision. The 13 that cite it most often are listed here.
- Glittenberg v. Doughboy Recreational Industries, Inc (Mich. 1990)
- Glittenberg v. Doughboy Recreational Industries (Mich. 1992)
- McCormick v. Custom Pools, Inc. (Minn. Ct. App. 1985)
- American Optical Co. v. Weidenhamer (Ind. 1983)
- Kysor Industrial Corp. v. Frazier (Colo. 1982)
- Sherk v. DAISY-HEDDON, ETC. (Pa. 1982)
- Fleck v. KDI Sylvan Pools, Inc. (3d Cir. 1992)
- Spaulding v. Lesco International Corp. (Mich. Ct. App. 1990)
- Horen v. Coleco Industries, Inc (Mich. Ct. App. 1988)
- Smith v. City & County of Denver ex rel. Board of Water Commissioners (Colo. 1986)
- Antcliff v. State Employees Credit Union (Mich. Ct. App. 1980)
- Mucowski v. Clark (Pa. Super. Ct. 1991)
- Belling v. Haugh's Pools, Ltd. (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiff, George Hensley, was permanently injured in a tragic accident. On June 20, 1971, he dove off a 7-foot high garage into a 4-foot deep swimming pool. The pool was owned by plaintiff’s brother-in-law, Glenn Smith, and was located in Smith’s backyard. Hensley sued the pool manufacturer, The Muskin Corporation, the retail seller, Federal’s, Inc., and his brother-in-law, alleging breach of various warranties and negligence, as well as a theory of strict liability.
In essence, plaintiff alleges that defendants were under a duty to warn him that he should not dive into the pool. The record reveals that plaintiff was a 28-year-old person with some swimming experience and that he helped assemble the pool and knew full well that it was only 4 feet deep. Under these circumstances we feel that the trial judge correctly granted summary judgment for all defendants. Neither the manufacturer, the seller, nor the brother-in-law were under any duty to warn this plaintiff of an obviously dangerous use of an otherwise nondangerous product. Fisher v Johnson Milk Co, 383 Mich 158; 174 NW2d 752 (1970), Colosimo v May Department Co, 466 F2d 1234 (CA 3, 1972).
Affirmed. Costs to defendants.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.