Michigan Mutual Insurance v. Heatilator Fireplace

366 N.W.2d 202, 422 Mich. 148
Michigan Supreme Court·Decided April 16, 1985·No. Docket 73006·Published·Cited by 12 cases

Opinions

Per Curiam.

This is a products liability case in which we are asked to review the propriety of summary judgments granted in favor of the defendants pursuant to GCR 1963, 117.3, and affirmed by the Court of Appeals.

[150] I

This action was instituted by the plaintiff insurer-subrogee of Duane and Mary Geiger. When the Geigers purchased their home in 1975, it had a prefabricated sheet metal fireplace manufactured by defendant Heatilator Fireplace. The fireplace is known in the trade as a "zero-clearance” fireplace because there is no clearance between the fireplace and abutting combustible materials. The unit has two air vents, one at the base of the unit and the other at the top. Air is drawn into the unit through the base vent, circulates in a chamber which runs underneath and behind the unit, and exits from the vent at the top of the unit. The air which circulates through the chamber serves the purpose of warming the room into which it circulates. It also serves the purpose of keeping cool the outer wall of the chamber.

In 1979 the Geigers installed on the fireplace glass doors manufactured by defendant Hart Fireplace Furnaces. Shortly thereafter, the Geigers’ home caught fire. According to plaintiff’s expert, "[t]he cause of this fire was the overheating of the outer steel shell of the fireplace when the ventilation air slot at the front of the unit was inadvertently blocked by the insured’s installation of a set of glass fireplace doors. The elevated temperature of the outer steel shell of the fireplace eventually ignited adjacent combustible material.”

The plaintiff insurer paid the Geigers $65,000 for the property damage that they suffered as a result of the fire and instituted this action against Heatilator, later adding Hart. Plaintiff claimed, among other things, that the defendants were negligent in failing to provide proper warning to the Geigers that the airflow below the interior hearth should not be blocked because of the risk of [151] fire it created. Heatilator moved for summary judgment and the trial court granted the motion based on Mr. Geiger’s deposition testimony that he knew that he was not to cover the fireplace’s air vents. The trial court explained:

The depositions of a number of people were taken in the . . . case and, I believe, there is no dispute about them, and in one of the depositions Mr. Geiger indicated that he knew that he should not cover the air vents and that he did not, in fact, cover the air vents.[1]
There is, however, an expert who says that the air vents were covered so it seems to me that the cause of action by Mr. Geiger as a subrogor of Michigan Mutual Insurance Company is left with Mr. Geiger’s position that he knew it and any effective warning would not have done any good, and so as a result I am inclined to feel that the motion for summary judgment should be granted and an order may be so entered.

Plaintiffs motion for reconsideration was denied, and Hart’s subsequent motion for summary judgment, adopting by reference Heatilator’s motion and briefs, was granted.

The Court of Appeals affirmed,2 holding that in addition to the risks being known by the plaintiff’s subrogors, defendants in this case had no duty to warn because the product involved was simple and the risks which it posed were obvious to all. Fisher v Johnson Milk Co, Inc, 383 Mich 158; 174 NW2d 752 (1970); Owens v Allis-Chalmers Corp, 414 Mich 413; 326 NW2d 372 (1982).

Plaintiff has filed an application for leave to appeal._

[152] II

Plaintiff contends that the trial court and the Court of Appeals erred in assuming that because Mr. Geiger testified that he knew that air vents should not be blocked, he knew blocking them would create a fire hazard. An alternative inference is that he knew he should not have blocked the air vents because it would cause the fireplace to lose its special function of heating the room by circulating air through the unit. Under the circumstances, the courts were required to accept the latter inference favorable to the plaintiff. The Court of Appeals also erred by applying a "simple tool” analysis to this case because the Heatilator fireplace cannot be considered a simple tool and the risk of fire which it poses cannot be considered patent and obvious.

The defendants respond that the trial court and the Court of Appeals properly concluded that Mr. Geiger was aware of the risk involved in blocking the air vents of the furnace. In addition to the deposition testimony cited by the trial court, the defendants contend that the following testimony further establishes Mr. Geiger’s awareness that a fire might result from blocking of the air vents:

Q. Did you during this period of time understand how this type of fireplace worked, so far as preventing heat from going from the fireplace to the structure itself?
A. To the extent that it relied on airspace.
Q. Did you know that?
A. Yes.
Q. And did you know how air was circulated into the air space.
A. I thought through that slot in the lower section there.

[153] According to the defendants, although Mr. Geiger did not specifically mention the word "fire,” his understanding that heat from the furnace unit would escape into the surrounding structure of his house if the air vents were blocked encompassed that possibility. Furthermore, the defendants contend that the Court of Appeals properly found that there was no duty to warn because the fireplace is a simple tool and the dangers involved in blocking the air are obvious.

Ill

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Michigan Mutual Insurance v. Heatilator Fireplace, 366 N.W.2d 202, 422 Mich. 148 (Mich. 1985).

366 N.W.2d 202 (Michigan Mutual Insurance v. Heatilator Fireplace) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Michigan Mutual Insurance v. Heatilator Fireplace
366 N.W.2d 202 (Michigan Supreme Court, 1985)