LARRY BEARUP V GENERAL MOTORS CORP
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STATE OF MICHIGAN
COURT OF APPEALS
LARRY BEARUP,
UNPUBLISHED
October 23, 2008
Plaintiff,
and
DALE PARKER, JAMES WALLACE, CHESTER
NETHING, CHERYL SCHUPPLER, SANDRA
THEDFORD, Personal Representative of the Estate
of RONNIE THEDFORD, WILLIAM SPOHN,
DEANATRIS ARMSTRONG, Personal
Representative of the Estate of RETINA
HARRISTON, and BETTY ROBINSON,
Plaintiffs-Appellants,
and
ROBERT A. MARSAC,
Intervening Plaintiff,
v
GENERAL MOTORS CORPORATION,
CINCINNATI MILACRON d/b/a CINCINNATI
MILACRON MARKETING, PRODUCTS
DIVISION, and CASTROL INDUSTRIAL, INC.,
Defendants,
and
QUAKER CHEMICAL CORPORATION,
Defendant-Appellee.
LARRY BEARUP, DALE PARKER, JAMES
WALLACE, CHESTER NETHING, CHERYL
SCHUPPLER, SANDRA THEDFORD, Personal
-1-
No. 272654
Genesee Circuit Court
LC No. 99-066364-NO
Representative of the Estate of RONNIE
THEDFORD, WILLIAM SPOHN, DEANATRIS
ARMSTRONG, Personal Representative of the
Estate of RETINA HARRISTON, and BETTY
ROBINSON,
Plaintiffs-Appellees,
and
ROBERT A. MARSAC,
Intervening Plaintiff,
v
GENERAL MOTORS CORPORATION,
CINCINNATI MILACRON d/b/a CINCINNATI
MILACRON MARKETING, PRODUCTS
DIVISION, and CASTROL INDUSTRIAL, INC.,
No. 272666
Genesee Circuit Court
LC No. 99-066364-NO
Defendants,
and
QUAKER CHEMICAL CORPORATION,
Defendant-Appellant.
Before: Schuette, P.J., and Borrello and Gleicher, JJ.
SCHUETTE, P.J. (concurring).
I agree with my distinguished colleague, Judge Borrello, that the trial court’s grant of
summary disposition in this case should be affirmed under the sophisticated user doctrine and
that the trial court’s failure to address plaintiffs’ argument under MCL 600.2948(2) and
defendant’s proximate cause argument were harmless. However, I write separately because I do
not believe that we need to reach the statute of limitations issue in this case or interpret our
Supreme Court’s holding in Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378;
738 NW2d 664 (2007).
/s/ Bill Schuette
-2-
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