Summary
concluding that the plaintiff's premises liability theory failed because, among other reasons, the hazardous condition was "created by the independent contractor."
Summary of this case from Estate of Burd v. Thompson Block Partners, Inc.Opinion
No. 131786.
November 15, 2006.
Appeal from the Court of Appeals No. 266491.
Summary Dispositions November 15, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the premises liability holding of the Court of Appeals and reinstate the Washtenaw Circuit Court's summary disposition ruling in favor of the premises owner. The defendant premises owner did not have a duty to protect the plaintiff, an employee of an independent contractor hired to perform construction work on the owner's premises, from the construction site hazardous condition that contributed to the plaintiffs injury. Perkoviq v Delcor Homes-Lake Shore Pointe, Ltd, 466 Mich 11, 18-20 (2002). Moreover, the temporary hazardous condition was created by the independent contractor, the defendant premises owner had no notice of the condition, and the condition was not unreasonably dangerous in the context of a residential construction project. Id.