(DOWNLOAD) "Ruth Hardy v. Monsanto Enviro-Chem Systems" by Supreme Court of Michigan ~ Book PDF Kindle ePub Free
eBook details
- Title: Ruth Hardy v. Monsanto Enviro-Chem Systems
- Author : Supreme Court of Michigan
- Release Date : January 23, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 97 KB
Description
In this case we are required to determine the effect of the doctrine of comparative negligence 1 on our decisions in Funk v General Motors Corp, 392 Mich 91; 220 NW2d 641 (1974), and Tulkku v Mackworth Rees Division of Avis Industries, Inc, 406 Mich 615; 281 NW2d 291 (1979). 2 Since the defense of comparative negligence serves not to undermine but to enhance safety in the workplace, we are of the view that comparative negligence is available as a defense in those cases where Funk and Tulkku formerly prohibited the application of the contributory negligence defense. We conclude that negligence in the failure to provide an adequate safety device in the workplace is therefore subject to the comparative negligence defense, assuming that any evidence of the plaintiff's negligence exists. The verdict in favor of the defendants is reversed and the cause remanded for retrial under the principles of comparative negligence. Placek v Sterling Heights, 405 Mich 638; 275 NW2d 511 (1979). I