Order Michigan Supreme Court
Lansing, Michigan
December 8, 2005 Clifford W. Taylor,
Chief Justice
128951 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
NANCY GARRETT, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 128951
COA: 251793
Wayne CC: 02-226727-NI
SAM H. GOODMAN BUILDING COMPANY,
INC., and DONALD BRYANT, d/b/a D & B
CEMENT,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the March 17, 2005
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 Court of Appeals affirmance of the
trial court’s grant of summary disposition in favor of defendant Goodman Building, and
we REMAND this case to the Wayne Circuit Court for further proceedings. Summary
disposition should not have been granted for defendant Goodman Building because it did
not move for summary disposition. Further, summary disposition based on the “open and
obvious” doctrine was improper because neither defendant was the premises possessor.
Ghaffari v Turner Constr Co, 473 Mich 16, 23 (2005). The Court of Appeals erred in
applying Fultz v Union-Commerce Associates, 470 Mich 460 (2004), to defendant
Goodman Building because it and plaintiff were in contractual privity.
In all further respects, leave to appeal is DENIED because we are not persuaded
that the questions presented should be reviewed by this Court.
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.
December 8, 2005 _________________________________________
t1201 Clerk