Erickson v. Pure Oil Corp.

D. F. Walsh, J.

(dissenting). The majority would reverse the trial court’s grant of summary judgment in favor of Antler Corporation on the authority of Funk v General Motors Corp, 392 Mich 91; 220 NW2d 641 (1974). The majority holds "that the trial court erred when it concluded as a matter of law that Erickson’s injuries did not occur in a *340common work area because the Butler building was in a 'location separate and away from the common work area of the construction site’. * * * Funk made no requirement that two or more subcontractors be actually working at the same time in the same place. All that is required is that two or more subcontractors will eventually work in the same area of the construction site”.

In my judgment, to say that a work area in which only one subcontractor is working is a "common work area” because other subcontractors may be working in that area at a future time is to expand the Funk doctrine to an extent that is unwarranted and unwise. In my opinion, the trial court ruled correctly that the plaintiff was not injured in a "common work area” and therefore that the general contractor was not liable for failing to supervise the subcontractor’s employee. I would affirm the trial court.