Michigan Court of Appeals, 1975

Hensley v. THE MUSKIN CORP.

Hensley v. THE MUSKIN CORP.
Michigan Court of Appeals · Decided August 18, 1975 · Docket 22899 · Bashara, Gillis, Cavanagh
238 N.W.2d 362; 65 Mich. App. 662; 1975 Mich. App. LEXIS 1009 (North Western Reporter, Second Series)
Hensley v. THE MUSKIN CORP.

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Opinion

Per Curiam.

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.

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