Order Michigan Supreme Court
Lansing, Michigan
November 15, 2006 Clifford W. Taylor,
Chief Justice
131786 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
DAVID YOUNG, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 131786
COA: 266491
Washtenaw CC: 02-000798-NI
DELCOR ASSOCIATES, INC., d/b/a
DELCOR HOMES,
Defendant-Appellant,
and
DELCOR HOMES-HOMETOWN VILLAGE
OF ANN ARBOR, LTD.,
Defendant,
Third-Party Plaintiff-Appellant,
and
MICHIGAN WALL PANEL, INC.,
Third-Party Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 27, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the premises liability holding of the Court
of Appeals and REINSTATE the Washtenaw Circuit Court’s summary disposition ruling
in favor of the premises owner. The defendant premises owner did not have a duty to
protect the plaintiff, an employee of an independent contractor hired to perform
construction work on the owner’s premises, from the construction site hazardous
condition that contributed to the plaintiff’s injury. Perkoviq v Delcor Homes-Lake Shore
Pointe, Ltd, 466 Mich 11, 18-20 (2002). Moreover, the temporary hazardous condition
was created by the independent contractor, the defendant premises owner had no notice
of the condition, and the condition was not unreasonably dangerous in the context of a
residential construction project. Id.
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.
November 15, 2006 _________________________________________
t1108 Clerk