Summary Disposition Motion Filed By Michael F. Schmidt Granted In Construction Accident Case Because It Did Not Occur In A Common Work Area

Ferchak v George W. Auch Company, Genesee County Circuit Court, claim for injuries incurred by the plaintiff in a construction accident when he fell from the top of a pallet of cinder blocks from which he was working.  The plaintiff claimed that the accident resulted in a serious ankle injury which has prevented him from returning to work in construction.  We represented George W. Auch Company, the general contractor for the project.  Following discovery we filed a motion for summary disposition on the basis that the accident did not occur in a common work area and that the plaintiff was more than 50% at fault which barred his claim for non-economic damages.  We argued specifically that the area where the plaintiff was working, the top of the pallet of cinder blocks was not a common work area where any other employees or trades worked, and the plaintiff was more than 50% at fault for working from this area without any fall protection.  The trial court agreed and granted our summary disposition.