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SWARTZ v. DOW CHEMICAL CO.

Docket No. 64687, (Calendar No. 3).

414 Mich. 433 (1982)

326 N.W.2d 804

SWARTZ v. DOW CHEMICAL COMPANY

Supreme Court of Michigan.

Decided November 23, 1982.

Attorney(s) appearing for the Case

van Benschoten, Hurlburt & van Benschoten, P.C. (by Harvey E. van Benschoten), for plaintiffs.

Isackson, Neering & Quinn, P.C. (by Frank M. Quinn), for defendant Dow Chemical Co.

Troester, Picard & DeWit (by John A. Picard and George L. DeWit) for defendant McKesson Chemical Co.

Amicus Curiae:

Kelman, Loria, Downing, Schneider & Simpson (by Thomas M. McGuire and Mark Granzotto) and Goodman, Eden, Millender & Bedrosian (by Paul Rosen) for the Michigan Trial Lawyers Association.

WILLIAMS, J.

At issue in this wrongful death action is the trial court's ruling which allowed defendant manufacturer to introduce evidence of citations for violations of safety and health standards promulgated under the Michigan Occupational Safety and Health Act (hereinafter MIOSHA)1 issued to the nonparty employer of plaintiffs' decedent because of decedent's death. The trial judge, over the objection of plaintiffs before and during...

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