Michael F. Schmidt Victorious In Tree Stand Case In Federal Court For Bass Pro Shop
Hilaski v Bass Pro Shop, U. S. District Court for the Western District of Michigan, claim by the plaintiff for injuries including a fractured ankle resulting in surgery and internal fixation from falling from a tree stand which he claimed was improperly designed, manufactured and sold. We filed a motion for summary judgment on the basis that there was no proof or evidence that the tree stand was sold by Bass Pro Shop, that the claim was based on speculation and conjecture, and that even if the tree stand was sold by Bass Pro Shop, there was no proof of any negligence by Bass Pro Shop in the sale of the tree stand, no evidence of any express warranty, and no evidence of any breach of an express warranty. In response to our motion for judgment, the case was dismissed.