COA reinstates lawsuit against muffler manufacturer

DETROIT (AP) — If someone dies from inhaling exhaust in a garage, is it the fault of the companies that make or market a muffler-repair kit?

The family of a deceased Livingston County man thinks so. The Michigan appeals court has reinstated a lawsuit that claims the repair kit should have carried a warning about the dangers of carbon monoxide.

Craig White died in 2005 while working on his Buick. His family says companies associated with the product had a duty to warn that cars should not be run in a closed space.

A Livingston County judge ruled against the family in 2008, but the appeals court, in a 2-1 decision, sent the lawsuit back for more work this week.

The majority says there wasn’t enough evidence in the record to dismiss the case. The dissenting judge says White was knowledgeable about engines.

The per curiam decision can be found here, and the dissent from Judge Kirsten Frank Kelly is here.

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