United States Sixth Circuit
SWIX v. DAISY MFG CO., 02-2154
Court reversed defendant's motion to dismiss because the questions of whether a BB gun was defectively designed as to be unreasonably dangerous and whether is danger was open and obvious were inappropriate for summary judgment.
Appellate Information
- Decided 06/23/2004
- Published 06/23/2004
Judges
- Before: MARTIN, CLAY, and CUDAHY, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Clark Shanahan (argued and briefed), Shanahan & Hoy, Owosso, MI, for Plaintiffs-Appellants.
- For Appellees:
- Jack O. Kalmink (argued and briefed), Paul C. Smith (briefed), Clark Hill PLC, Detroit, MI, for Defendant-Appellee.