Summary Disposition Motion Filed By Michael F. Schmidt Granted In Consolidated Cases By Insurer And Homeowner For 4.2 Million Dollar Fire Loss
Auto-Owners Insurance Company as Subrogee of William Larkin and Mary Larkin v Kellett Construction Company, Albaugh Masonry Stone and Tile, Inc. and Butcher & Baecker Construction Company and William Larkin and Mary Larkin v Kellett Construction Company, Albaugh Masonry Stone and Tile, Inc. and Butcher & Baecker Construction Company, Oakland County Circuit Court, claim for fire loss to home and contents owned by William Larkin and Mary Larkin insured by Auto-Owners. Auto-Owners claimed damages to the home and contents in the amount of $3,093,117. The Larkins claimed an additional uninsured loss of $1,117,000. We represented Albaugh Masonry Stone and Tile, Inc. a subcontractor on the project who was alleged to have negligently hired a sub-subcontractor, Butcher & Baecker Construction Company, failed to supervise and inspect the work of Butcher & Baecker and failed to provide proper fire protection for the work. We were successful in obtaining a summary disposition in favor of Albaugh Masonry Stone and Tile, Inc. as to any and all claims made against it on the basis that the plaintiffs had no claim against Albaugh for negligent hiring, no claim for common work area or inherently dangerous activities liability, there was no evidence that Albaugh contracted to assume any duties to supervise or inspect the work of Butcher & Baecker, there was no independent negligence by Albaugh, there was no claim for breach of warranty, no third party beneficiary claim and no viable theory of liability. Additionally, the court granted summary disposition in favor of Albaugh as to the crossclaim filed by Kellett Construction Company finding that Kellett had no claim for breach of warranty or indemnity against Albaugh.