Bowen, Radabaugh & Milton, P.C. | 248-641-8000
Judgment for general contractor affirmed
posted: Dec. 08, 2022
Bowen, Radabaugh & Milton, P.C. - attorneys and counselors
BRM Accolades, Michigan Construction Litigation, Michigan Appellate Practice
Bowen, Radabaugh & Milton partner Marc Bowen won summary disposition for our client, Vision Quest Consulting, the general contractor on a construction site in a suit filed by a drywall delivery person injured on the site. Mary Benedetto of the firm represented Vision Quest in the Court of Appeals and in the Supreme Court.
A win for our client!
The Court of Appeals affirmed summary disposition and the Supreme Court recently denied the plaintiff's Application for Leave - a win for our client.
The trial and appellate courts found that the plaintiff could not prove negligence against the general contractor under the common work area doctrine. Vision Quest took reasonable steps to ensure workplace safety and could not be liable for this accident which happened on a Saturday when the site was closed and all entrances barricaded. The general contractor was not notified of the delivery, the plaintiff did not wait for a lockbox code to safely enter the building from the subcontractor who ordered the drywall and instead was injured when he fell after entering the project through a blocked, unused, and unfinished opening.