Michael J. Guss Obtains Summary Disposition In Construction Site Accident Claim

Gierman v L. D’Agostini & Sons, Inc., Oakland County Circuit Court. Plaintiff, a construction worker, was electrocuted when an excavator made contact with high voltage wires on the job site. The machinery was operated by a sister corporation of plaintiff’s employer. Thus, we asserted that plaintiff was barred from suing our client pursuant to the exclusive remedy provision in the Michigan Worker’s Disability Compensation Act. After discussing the matter with plaintiff’s counsel and asserting the Dual Employer Doctrine as an Affirmative Defense in our responsive pleadings, plaintiff stipulated to a dismissal of all claims, with prejudice.