CURTIS BROWN V CLARKLIFT OF FLINT/SAGINAW INC

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STATE OF MICHIGAN COURT OF APPEALS CURTIS BROWN and MILDRED BROWN, UNPUBLISHED February 25, 2000 Plaintiffs-Appellants, v CLARKLIFT OF FLINT/SAGINAW, INC., and CLARKLIFT OF DETROIT, No. 212950 Genesee Circuit Court LC No. 95-035570-NP Defendants, and CLARK EQUIPMENT COMPANY, Defendant-Appellee. Before: Meter, P.J., and Griffin and Owens, JJ. MEMORANDUM. Plaintiffs appeal as of right, challenging the trial court’s order granting defendant Clark Equipment Company’s motion for summary disposition pursuant to MCR 2.116(C)(10). We affirm. There is no genuine issue of material fact that Curtis Brown’s injury was not caused by defendant Clark’s original design of the forklift, but instead arose from his employer’s failure to repair known damage to the forklift, which rendered it defective and dangerous. Because there was no genuine issue of material fact that the alleged design defect was not a cause in fact of Mr. Brown’s injuries, defendant Clark was entitled to summary disposition pursuant to MCR 2.116(C)(10). Skinner v Square D Co, 445 Mich 153; 516 NW2d 475 (1994). See also Smith v Globe Life Ins Co, 460 Mich 446, 454-455; 597 NW2d 28 (1999). Affirmed. -1­ /s/ Patrick M. Meter /s/ Richard Allen Griffin /s/ Donald S. Owens -2­

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