Michael F. Schmidt Wins Motion For Summary Judgment In Construction Accident Case Removed To Federal Court

Thomas Craig v Walsh Construction Company of Illinois, U. S. District Court for the Eastern District of Michigan, plaintiff brought suit against Walsh Construction Company of Illinois as general contractor for injuries from a construction accident. Craig fell approximately 25 feet from shoring which was being dismantled by his employer’s work crew. The plaintiff claimed permanent disability from his work as a carpenter from alleged multiple injuries from the fall. There was a comp lien of approximately $200,000. We removed the case to U. S. District Court, to complete discovery and filed a motion for summary judgment on the basis that the plaintiff’s claim against Walsh as general contractor was barred because there was no common work area. We obtained a summary judgment from Judge Arthur Tarnow on the basis that there was no evidence of a common work area.