[DOWNLOAD] "Davis V. Mccourt" by Sixth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Davis V. Mccourt
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 31, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiff-Appellant Belva Davis appeals from the district court's grant of summary judgment in favor of Defendant Interstate Arms Incorporated and Third-Party Defendant China North Industries Corporation (NORINCO). The district court concluded that it had proper jurisdiction under 28 U.S.C. § 1441(d) and granted both Interstate's and NORINCO's motions for summary judgment finding that guns are simple tools and that the dangers associated with guns are open and obvious. The court concluded that under Michigan law there is no duty on the part of the manufacturer to warn or protect against any known dangers. Since Plaintiff failed to present any evidence to the contrary and failed to present any evidence that Green's death was caused by anything other than the deliberate, criminal act of McCourt, the district court granted summary judgment. Defendant argues that the court erred in finding it had jurisdiction and in granting summary judgment.