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01/06/76 AWEDIAN v. THEODORE EFRON MANUFACTURING

January 6, 1976

AWEDIAN
v.
THEODORE EFRON MANUFACTURING COMPANY



Appeal from Charlevoix, Richard Robinson, J.

Leave to appeal denied, 396 Mich 856.

N. J. Kaufman, P. J., and R. B. Burns and Deneweth,* JJ.

SYLLABUS BY THE COURT

1. Products Liability -- Pleading -- Negligence -- Breach of Warranty -- Proof.

A plaintiff in a products liability case may plead both negligence and breach of warranty, and a failure to recover on one theory does not preclude recovery on the other; in warranty theory a plaintiff need not prove negligence to recover but must show the existence of a defect and a causal relationship to the injury, while under negligence theory the plaintiff must show the existence of a duty, the breach of that duty, and a causal relationship between the breach and the injury.

2. Interest -- Judgment -- Pleading -- Amended Pleading -- Statutes -- Court Rules.

Interest on any money judgment is allowed from the date on which the complaint was filed, and any amendment of the pleadings relates back to the date of the original pleading; therefore, a defendant who was added as a party in an amended pleading and found liable for money damages was properly assessed interest from the date of the original pleading, not from the date of the amendment (MCLA 600.6013; MSA 27A.6013; GCR 1963, 118.4).

3. Appeal and Error -- Motions -- Directed Verdict -- Judgment Notwithstanding the Verdict.

Denial of a defendant's motions for a directed verdict at the close of the plaintiff's case and for a judgment notwithstanding the verdict was proper where a review of the record, viewing the evidence in the light most favorable to the plaintiff, convinces the Court of Appeals that reasonable men could differ and the case was therefore properly before the jury.

4. Interest -- Judgment -- Settlement -- Damages -- Amount Recovered -- Statutes.

Interest on a money judgment was properly computed only on the amount recovered from a single defendant where there were several defendants, the plaintiff reached a settlement with all but one of the defendants, and the jury was told to determine damages and deduct the amount of the settlement; statutory interest is allowed on any money judgment recovered, and because the plaintiff did not obtain a judgment against those defendants with whom he settled, he is not entitled to interest on that portion of the total damages (MCLA 600.6013; MSA 27A.6013).

The opinion of the court was delivered by: Kaufman

Complaint by Miran Awedian and Agawni Awedian against Theodore Efron Manufacturing Company and others for damages for injuries received in a fall. Plaintiffs settled with the other defendants, and a judgment was entered for plaintiffs against Theodore Efron Manufacturing Company. Defendant appeals, and plaintiffs cross-appeal.

Plaintiff Miran Awedian brought suit for injuries incurred when he slipped and fell while taking a shower in a room at the Boyne Mountain Lodge where he was staying as a paying guest. Plaintiff claimed that, while falling, he thrust his right arm through the glass of a bathtub ...


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