Michael McGee v. City of Warren

Order Michigan Supreme Court Lansing, Michigan January 30, 2012 Robert P. Young, Jr., Chief Justice 143337 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly MICHAEL MCGEE, Brian K. Zahra, Plaintiff/Counterdefendant, Justices v SC: 143337 COA: 296452 CITY OF WARREN, Macomb CC: 2008-002139-NO Defendant/Counterplaintiff/Cross- Plaintiff-Appellant, and TONY ANTHONY, INC., Defendant/Cross-Defendant- Appellee, and ANDREW ECKSTEIN, MAJOR CEMENT COMPANY, INC., and ANDERSON, ECKSTEIN & WESTRICK, INC., Defendants. _________________________________________/ On order of the Court, the application for leave to appeal the May 24, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals to apply MCL 600.5807(8) to the City of Warren’s claims for breach of contract (insofar as they do not seek indemnity for damages sustained as a result of tortious injury) and, if necessary, for consideration of the remaining issues raised in the appeal. MCL 600.5839(1) bars any action against a contractor seeking indemnity for damages resulting from bodily injury arising out of a defective and unsafe condition of an improvement to real property. Miller-Davis v Ahrens Construction, Inc, 489 Mich 355 (2011). However, the statute of repose does not apply to non-indemnity actions for breach of contract. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. January 30, 2012 _________________________________________ h0123 Clerk