Order Michigan Supreme Court
Lansing, Michigan
February 9, 2007 Clifford W. Taylor,
Chief Justice
132351 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
RICHARD SHEPARD, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132351
COA: 261484
Oakland CC: 02-041970-NO
M & B CONSTRUCTION, L.L.C.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 19, 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 or a directed verdict
in 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 avoid submitting a mere restatement of
the arguments made in their application papers.
CAVANAGH, J., would deny leave to appeal.
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.
February 9, 2007 _________________________________________
t0206 Clerk