ROLAND E ELLIS V YALE STEEL INC
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STATE OF MICHIGAN
COURT OF APPEALS
ROLAND E. ELLIS,
UNPUBLISHED
May 19, 2005
Plaintiff-Appellant,
v
No. 260513
St. Clair Circuit Court
LC No. 03-001812-NO
YALE STEEL, INC.,
Defendant-Appellee.
Before: Murphy, P.J., and White and Smolenski, JJ.
WHITE, J. (dissenting).
I respectfully dissent. Plaintiff presented sufficient evidence that the furnace was
defective, that defendant had notice, and that he was injured as a result of defendant’s failure to
repair the defect, to withstand the motion for summary disposition. Additionally, plaintiff
presented evidence that rather than discharge its duty to repair the furnace, defendant instructed
plaintiff that he could safely relight the pilot himself. I would reverse.
/s/ Helene N. White
-1-
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