(DOWNLOAD) "James Vance v. Frymaster Corporation and" by Supreme Court of Michigan " Book PDF Kindle ePub Free
eBook details
- Title: James Vance v. Frymaster Corporation and
- Author : Supreme Court of Michigan
- Release Date : January 25, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Order On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of
granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals as
on rehearing granted. On rehearing, the Court is to reconsider the evidence in light of its Conclusion that "identification
of [the failed] caster as one sold by defendant Frymaster was buttressed by other testimony indicating that two of the three
casters on the fryer known not to have been replaced subsequent to plaintiff's accident were definitely of the type sold by
Frymaster." The Court is to reconcile this statement with the record, including, but not limited to, the testimony of plaintiff
that the fryer had only two casters on the front of the fryer at the time of the accident, and that he removed the caster
that had failed and it had been lost. Additionally, the Court is to review the record with respect to its Conclusion that
the two rear casters, that were not on the fryer at the time of the accident, were supplied by defendant-appellant and were
manufactured by Faultless Manufacturing Company, which is not a party to this action. The Court also is to consider the testimony
of plaintiff-appellee's expert, who did not know if the four casters on the fryer at the time of his examination were original
equipment supplied with the machine, who never examined the caster that failed, and who could not determine if the failed
caster was manufactured by Faultless. The Court is referred to our recent decision in Skinner v. Square D Co, 445 Mich 153
(1994). We do not retain jurisdiction.
 "James Vance v. Frymaster Corporation and" by Supreme Court of Michigan " Book PDF Kindle ePub Free){kind=link}