Michael F. Schmidt Obtains Summary Dispositions Against Both The Plaintiff And The Third Party Plaintiff In A Wayne County Circuit Court Snow Removal Case

Friedman v Professional Ground Services, LLC, et al, Wayne County Circuit Court, claim by the plaintiff for injuries allegedly incurred when he allegedly slipped and fell on black ice in a parking garage in downtown Detroit across from the Wayne County Circuit Court building. Suit was filed against the management company which operated the garage and against our client, Professional Ground Services, who had contracted to provide snow removal services with the management company. The management company also filed a third party complaint seeking indemnity from Professional Ground Services. After discovery we filed a motion for summary disposition against both the plaintiff and the third party plaintiffs arguing that the snow removal contract only applied to the public sidewalk around the outside of the garage and the entranceways to the garage but did not apply to the interior of the garage, where the primary plaintiff’s alleged accident occurred. We deposed the manager of the garage who testified that there had been no request for Professional Ground Services to provide any services to the interior of the garage and there was no reason to provide any such services. The trial court granted summary disposition as to the claims by the primary plaintiff and the third party plaintiffs against Professional Ground Services on the basis that the contract did not apply to the interior of the garage where the accident allegedly occurred.