Opinion
No. 142821.
July 15, 2011.
Court of Appeals No. 294754.
Leave to Appeal Denied July 15, 2011.
The Court of Appeals did not err in affirming the Oakland Circuit Court's denial of the motion to dismiss the plaintiffs negligence claim against defendant Richard Carson on the defendant's stated basis that the plaintiff had failed to identify a legal duty that was separate and distinct from the defendant's contractual duties pursuant to Fultz v Union-Commerce Assoc, 470 Mich 460, 467 (2004). The Court of Appeals correctly held that the plaintiff had alleged a separate and distinct common-law duty on the part of the defendant to use ordinary care in order to avoid physical harm to foreseeable persons in the execution of his undertakings. Loweke v Ann Arbor Ceiling Partition Co, LLC, 489 Mich 157 (2011).
HATHAWAY, J., would deny leave to appeal without the further statements found in the majority's order.