Michael F. Schmidt Obtains Summary Disposition In Construction Accident Case
Cummings v S. E. Spohn Construction Company v American Erectors, Inc., Genesee County Circuit Court, claim by Sean Cummings that he sustained injuries when a beam was allegedly knocked onto and crushed his feet while working as an employee for American Erectors on a construction project. The plaintiff received substantial workers’ comp benefits and eventually redeemed his workers’ comp claim for $150,000. We filed a joint motion for summary disposition with Spohn in support of Spohn as to the primary plaintiff’s claim, arguing that the plaintiff had no claim for negligent hiring of a contractor, or for inherently dangerous activities, and also failed to meet the four part test for common work liability. The plaintiff argued that employees of Spohn were working in the area and also crossed through the American Erectors’ work area on their way to work and thus there was a common work area. We argued that there were not a significant number of workers exposed to the hazard, since there were only seven members of the American Erectors’ crew and only three were working on the ground in the area of the accident, and that there was no common work area because there were no other trades working in the area. The trial court agreed and granted summary disposition in favor of Spohn as to any and all claims made by the plaintiff.