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Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition As To Plaintiff’s Construction Accident Claim And Also As To Claims For Contractual Indemnity And Breach Of Contract To Procure Insurance

Ricardo Morales v Fluor Constructors International, Inc., Wayne County Circuit Court, claim by the plaintiff of total disability resulting from an alleged construction accident while working for a subcontractor at a construction project at the Marathon Oil Refinery in Detroit. After discovery we filed a motion for summary disposition on behalf of the defendant Fluor, the general contractor, on the basis that there was no proof or evidence that the plaintiff could establish violation of three of the four requirements to establish common work area liability. The plaintiff filed a motion to file an amended complaint to allege independent negligence on behalf of the general contractor Fluor. We argued there was no basis for the motion to amend and the motion should be denied as futile because there was no evidence to support the allegations. After reviewing the briefs and hearing extensive oral argument, the court granted summary disposition as to any and all claims made by the plaintiff and denied the plaintiff’s motion to amend. In addition, we also filed a motion for summary disposition on behalf of the general contractor, Fluor, against the subcontractor Ideal Contracting, LLC for contractual indemnity and breach of contract to procure insurance. After reviewing the motion and brief and response brief and having heard oral argument the trial court also granted summary disposition in favor of Fluor, that Fluor is entitled to full contractual indemnity from Ideal and in addition Ideal was in breach of the contract to procure insurance.