MICHAEL F. SCHMIDT OBTAINS REVERSAL BY MICHIGAN COURT OF APPEALS OF TRIAL COURT ORDER DENYING MOTION FOR SUMMARY DISPOSITION FOR CONTRACTUAL INDEMNITY

George Krawczynski v Dunigan Bros Inc and Blu A. Brodock et al., Michigan Court of Appeals Docket No. 344965 (2021) on appeal from Branch Circuit Court.  The plaintiff George Krawczynski filed suit against Dunigan Bros Inc and its employee Blu A. Brodock and Michigan Paving and Materials Company alleging injuries incurred in a traffic incident in which a van driven by Krawczynski collided with a front-end loader driven by Brodock in a construction area in downtown Coldwater.  After multiple depositions, Dunigan Bros Inc and Blu A. Brodock filed a motion for summary disposition for contractual indemnity and insurance against Dunigan Bros Inc subcontractor on the project, Michigan Paving and Materials Company.  In response, Michigan Paving and Materials Company filed its own motion for summary disposition against the contractual indemnity and insurance claim by Dunigan Bros Inc and Brodock.  After briefing and several oral arguments, the court issued a written opinion denying summary disposition to Dunigan Bros Inc and Blu A. Brodock on their claims for contractual indemnity against Michigan Paving and Materials Company and granted summary disposition to Michigan Paving and Materials Company holding Michigan Paving and Materials Company did not owe contractual indemnity.  Dunigan Bros Inc and Blue A. Brodock filed an application for leave to appeal to the Michigan Court of Appeals which was granted.  After briefing, the Michigan Court of Appeals issued an eight-page opinion reversing the trial court and holding that Dunigan Bros Inc and Blue A. Brodock were entitled to contractual indemnity and a full defense by Michigan Paving and Materials Company regarding the claims made against them by plaintiff George Krawczynski.  Michigan Paving and Materials Company was required to reimburse all defense costs and attorney fees incurred by Dunigan Bros Inc and Blu A. Brodock in excess of $220,000 and to take over their defense providing full indemnity for the claims.