Michael F. Schmidt And Nate Peplinski Obtain Affirmation From The Michigan Court Of Appeals Of Summary Disposition
Erin Naseef v Wallside, Inc., Michigan Court of Appeals docket number 329505 (2017), the plaintiff appealed from the summary disposition we obtained in favor of Wallside, Inc. The plaintiff claimed that she was injured while a repair crew was fixing a window in her home. We filed a motion for summary disposition arguing that Wallside, Inc. had contracted with an independent contractor to perform the work and therefore pursuant to the general rule would not be liable for the alleged negligence of the independent contractor in the performance. The trial court granted our motion. The plaintiff appealed to the Michigan Court of Appeals. After briefing and oral argument, the Court of Appeals has issued an opinion affirming the trial court ruling that the repair person doing the work was an independent contractor and not an employee of Wallside and thus Wallside was not liable for any alleged negligence in the performance.