Question: 1 Why did the plaintiff win this case on appeal 2

1. Why did the plaintiff win this case on appeal?
2. Michigan law bars liability in these situations if the risk “is or should be a matter of common knowledge to persons in the same or similar positions.” Craig White had some, unspecified experience in servicing and repairing marine engines. He had also served as an “engine dynamo technician” and a “marine technician.” Is that background, in and of itself, sufficient to establish that the carbon monoxide risk was a matter of “common knowledge” to White? Explain.
3. Bresnahan, age 50 and 5’8” tall, was driving her Chrysler LeBaron, equipped with a driver’s side air bag, at between 25 and 30 miles per hour. She was seated less than one foot from the air bag cover. Bresnahan was distracted by police lights and rear-ended a Jaguar, triggering the LeBaron air bag, which broke Bresnahan’s arm and caused various abrasions. The vehicle did not include a warning about the danger of sitting too close to the air bag. Was the vehicle defective because of the absence of a warning? Explain.
4. Laaperi installed a smoke detector in his bedroom, properly connecting it to his home’s electrical system. Six months later, Laaperi’s house burned and three of his children were killed. A short circuit, which caused the fire, also deprived the A.C.-powered smoke detector of electricity. Thus, the detector did not sound a warning. Laaperi then claimed that Sears, Roebuck, where he purchased the detector, was guilty of negligence for failing to warn him that a fire might disable his smoke detector such that no warning would issue. How would you rule in this case?
Plaintiff’s decedent, Craig White, purchased a muffler repair kit manufactured and marketed by defendants. The kit included a metal patch to be placed over the hole in the muffler, a strip of “bandage” to be wrapped around the patch and the muffler to hold the patch in place, and mechanic’s wire to wrap around and secure the bandage. The packaging described the product as a “Muffler and Tail Pipe Repair Kit” and stated, “Just wrap it on for instant repair.” The instructions included with the kit, however, directed the user to “start the engine and run at idle for at least 10 minutes” after applying the “bandage.”

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  • CreatedOctober 02, 2015
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