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GREGORY P. LaVOY AND MERIAM CHOULAGH WIN SUMMARY DISPOSITION IN EMPLOYER LIABILITY / PREMISES LIABILITY CASE

In Ditmore v Major Cement Company (Wayne County Circuit Court, 2021), the Court recently granted summary disposition to our client in a complex employer liability/premises liability lawsuit where the plaintiff alleged severe and permanent injuries.  The case involved an automobile accident between plaintiff and an employee of our client while on the company’s premises.  Plaintiff alleged two claims against our client: vicarious liability based on the employee’s alleged negligent driving, and premises liability based on the allegation that icy conditions on the premises contributed to the automobile accident.  Following significant discovery in the matter, we moved for summary disposition on all claims.  The Court granted summary disposition on the vicarious liability claim where we established that the employee was not acting within the scope of his employment at the time of the accident as he was not rendering any service or benefit to his employer, and that an employee driving his personal vehicle on company premises did not create a question of fact to submit to the jury.  The Court further granted summary disposition on the premises liability claim where we established that the plaintiff was injured as a result of an automobile accident and not by any hazardous condition of the property itself, and thus plaintiff could not plead a valid claim for premises liability.  The Court thereby agreed that our client did not owe any liability in the lawsuit and dismissed our client from the case.