Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition In Claim For An Alleged Injury Incurred During A Window Repair
Erin Naseef v Wallside, Inc., Oakland County Circuit Court, the plaintiff filed suit against Wallside, Inc. claiming she was injured while a repair crew was fixing a window in her home. After discovery we filed a motion for summary disposition on the basis that Wallside, Inc. contracted with an independent contractor to perform the work. We argued that the general rule is that the employer of an independent contractor is not liable for any alleged negligence of the independent contractor in the performance and there is no claim of negligent hiring recognized under Michigan law. We further argued that none of the exceptions to the general rule applied. The trial court agreed and granted summary disposition as to any and all claims made by the plaintiff against Wallside, Inc.