Opinion
Case No. 05:06-CV-10480.
February 6, 2008
MARK E. BOEGEHOLD (P 38699), Attorney for Plaintiff, Detroit, MI.
JOHN C. CANDELA (P 36183), Attorney for Def. Grand Trunk, Livonia, MI.
RIK MAZZEO (P 30675), Attorney for Def. Perrin Const., Farmington Hills, MI.
LAMBERTO DiSTEFANO (P29904), Attorney for Def. Rotunda Marble, Clawson, MI.
ORDER GRANTING DEFENDANT, PERRIN COMPANY, INC.'S MOTION FOR SUMMARY JUDGMENT
This court on January 24, 2008, having been presented Defendant, Perrin Construction Company, Inc's Motion for Summary Judgment, having received Plaintiff, Michael Corpolongo's Response to Defendant Perrin Construction's Motion for Summary Judgment, and having heard oral argument presented by counsel and being more fully advised in the premises;
IT IS HEREBY ORDERED that Defendant, Perrin Construction Company, Inc.'s Motion for Summary Judgment is granted. That pursuant to the "Common Work Area Doctrine", as set forth in Ormsby v Capital Welding, Inc., 471 Mich 45 (2004), Plaintiff, Michael Corpolongo has failed to meet elements (2) (to guard against readily observable and avoidable dangers), (3) (that created a high degree or risk to a significant number of workmen), (4) (in a common work area).
For these reasons and the reasons stated on the record on January 24, 2008, Defendant Perrin Construction Company, Inc.'s Motion for Summary Judgment is granted, and Plaintiff's Complaint against Defendant, Perrin Construction Company, Inc., only, is dismissed with prejudice.