LOWEKE v. ANN ARBOR CEILING PARTITION CO., INC

1 Citing case

  1. Loweke v. Ann Arbor Ceiling & Partition Co.

    489 Mich. 157 (Mich. 2011)   Cited 309 times
    Holding that whether a subcontractor owed a common law duty to avoid physical harm to its employee was not governed by the contents of a contract between the subcontractor and contractor

    We granted plaintiffs application for leave to appeal. Loweke v Ann Arbor Ceiling Partition Co, Inc, 488 Mich 876 (2010). We take this opportunity to clarify Fultz's "`separate and distinct' mode of analysis," 470 Mich at 467, and hold that a contracting party's assumption of contractual obligations does not extinguish or limit separately existing common-law or statutory tort duties owed to noncontracting third parties in the performance of the contract. Davis v Venture One Constr, Inc, 568 F3d 570, 575, 577 (CA 6, 2009).