Motion for Summary Disposition Granted

Monday July 8, 2019

Faller v. Yamato Corporation and Kroger Co. of Michigan

Tim Connaughton and Armin Halilovic successfully defended a claim by plaintiff, Michelle Faller, filed in the Macomb County Circuit Court before Judge Jennifer Faunce. The case arose out of an incident that occurred on March 12, 2017 at a Kroger grocery store located in Roseville, Michigan. As the plaintiff pushed her grocery cart through the produce aisle of the store, her right hand came into contact with the base of a produce scale. Plaintiff alleged that she cut her right hand on the base of the scale. Plaintiff asserted a premises liability claim against Kroger and a product liability claim against our client, the manufacturer of the scale, Yamato Corporation. In our Motion for Summary Disposition, we argued that plaintiff’s claims against Yamato Corporation should be dismissed because (1) the scale was not negligently designed; (2) the scale was not unreasonably dangerous and therefore Yamato Corporation did not have a duty to warn; (3) the scale was open and obvious and therefore Yamato Corporation did not have a duty to warn; and (4) Yamato Corporation did not breach any implied or express warranties. On July 8, 2019, Judge Faunce granted our motion on the open and obvious issue and dismissed the case without deciding any of the other issues.

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