Glittenberg v. Wilcenski
| Decision Date | 28 September 1989 |
| Docket Number | No. COA,COA |
| Citation | 446 N.W.2d 168,433 Mich. 880 |
| Parties | David and Connie GLITTENBERG, Plaintiffs-Appellees, v. Robert and Diane WILCENSKI, Defendants-Appellees, and Doughboy Recreational Industries, a foreign corporation, Defendant-Appellant. 85391.98313. 433 Mich. 880, 446 N.W.2d 168 |
| Court | Michigan Supreme Court |
Prior report: 174 Mich.App. 321, 435 N.W.2d 480.
On order of the Court, the application for leave to appeal is considered, and it is GRANTED limited to the issues whether (1) the defendant pool manufacturer had a duty to warn the plaintiff that serious or permanent injuries could result from a dive into the shallow end of the defendant's above ground pool; and (2) it was error for the trial court to grant summary judgment to the defendant either (a) because the plaintiff failed to state a claim upon which relief could be granted, GCR 1963, 117.2(1); or (b) because there was an absence of a genuine issue of material fact in dispute and defendant was entitled to judgment as a matter of law pursuant to GCR 1963, 117.2(3).
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Glittenberg v. Doughboy Recreational Industries
...injury from a dive is a risk of which the public is generally aware." 38 Doughboy appealed, and we granted leave to appeal, 433 Mich. 880, 446 N.W.2d 168 (1989). 39 However, because the majority was unable to agree on the viability of the open and obvious danger doctrine in cases raising a ......
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Glittenberg v. Doughboy Recreational Industries, Inc.
...dive is a risk of which the public is generally aware." 174 Mich.App. p. 326, 435 N.W.2d 480. We then granted leave to appeal. 433 Mich. 880, 446 N.W.2d 168 (1989). Typically, the perimeters of appellate review are defined by the procedural posture of the case. In this instance, we are call......
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Spaulding v. Lesco Intern. Corp.
... ... We note that another panel of this Court followed Horen in Glittenburg v. Wilcenski, 174 Mich.App. 321, 435 N.W.2d 480 (1989), lv. gtd. 433 Mich. 878, 446 N.W.2d 168 (1989). In Glittenburg, the plaintiff dived into 3 1/2 feet of ... ...