ROBERT ALAN CURRY V MEIJER INC
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STATE OF MICHIGAN
COURT OF APPEALS
ROBERT ALAN CURRY and CARRIE ANN
CURRY,
FOR PUBLICATION
December 29, 2009
Plaintiffs-Appellants,
v
No. 288187
Calhoun Circuit Court
LC No. 2004-001207-NP
MEIJER, INC.,
Defendant/Cross-Plaintiff-Appellee,
Advance Sheets Version
and
FABER BROTHERS, INC., and STREAM &
LAKE TACKLE, INC.,
Defendants/Cross-DefendantsAppellees,
and
LOGGY BAYOU ENTERPRISES OF
ARKANSAS AND STREAM & LAKE
WHOLESALE, INC.,
Defendants/Cross-Defendants,
and
DEER DARLIN’ ENTERPRISES LTD.,
Defendant.
Before: MARKEY, P.J., and BANDSTRA and MURRAY, JJ.
BANDSTRA, J. (concurring).
I concur with the majority that the statute applicable here, MCL 600.2947(6)(a), protects
Meijer from liability because plaintiffs have no proof that Meijer “failed to exercise reasonable
care” in selling the tree stand to them. However, I write separately to note that the statute is not
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as clear or unambiguous as the majority portrays it to be. As plaintiffs’ argument demonstrates,
the statute’s reference to a “breach of any implied warranty” when, historically, it was not
always necessary to establish any failure to exercise reasonable care to pursue such a breach,
introduces some question and confusion about the statute’s meaning. Notwithstanding that, I
agree that the statute, properly interpreted, protects a nonmanufacturing seller of a product from
liability unless that seller failed to exercise reasonable care regarding the sale, regardless of the
theory of liability advanced.
/s/ Richard A. Bandstra
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