Order Michigan Supreme Court
Lansing, Michigan
April 25, 2007 Clifford W. Taylor,
Chief Justice
132946 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DOUGLAS LATHAM, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132946
COA: 264243
Oakland CC: 04-059653-NO
BARTON MALOW COMPANY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 17, 2006
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). At oral argument, the parties shall address: (1) whether the proofs
submitted at trial were sufficient to satisfy the standard for general contractor liability
that is set forth in Ormsby v Capital Welding, Inc, 471 Mich 45, 54 (2004); and
(2) whether the trial court should have granted summary disposition in the defendant’s
favor based on this issue. The parties may file supplemental briefs within 42 days of the
date of this order, but they should not submit mere restatements of the arguments made in
their application papers.
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.
April 25, 2007 _________________________________________
t0418 Clerk