Banaszak
v.
Northwest Airlines

Not overruled or negatively treated on appealinfoCoverage
Supreme Court of MichiganJan 22, 2010
485 Mich. 1038 (Mich. 2010)

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No. 139787.

January 22, 2010.

Appeal from the Court of Appeals No. 263305.


Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse in part the decision of the Court of Appeals and we reinstate the ruling of the Wayne Circuit Court granting summary disposition to defendant Northwest Airlines, Inc. on the plaintiff's premises liability claim. The Court of Appeals erred by reinstating the premises liability claim in this construction site injury case. Ordinarily a landowner is not responsible for injuries caused by a carefully selected contractor to whom he has delegated the task of erecting a structure. Funk v Gen Motors Corp, 392 Mich 91, 101 (1974). Northwest Airlines, as controller of the premises, 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 caused the plaintiffs injury. Perkoviq v Dehor Homes-Lake Shore Pointe, Ltd, 466 Mich 11, 18-20 (2002). On remand, the plaintiffs common work area claim against Northwest Airlines as a general contractor and as an owner with retained control may proceed in accordance with the Court of Appeals decision.

HATHAWAY, J., would deny leave to appeal.