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INDIANA INS. CO. v. ERHLICH

No. 1:92-cv-499.

880 F.Supp. 513 (1994)

INDIANA INSURANCE COMPANY, as Subrogee of Olivet College, v. Bernard ERHLICH, Individually and as a partner in WBTL Architects; Fredric M. Bell, Individually and as a partner in WBTL Architects; WBTL Architects, Planners & Interior Designers; Severud Associates; Holland Construction Company, Inc. Soil and Material Engineers, Inc.; D & J Excavating; and C.E. Hess and Sons, Defendants.

United States District Court, W.D. Michigan, Southern Division.

February 7, 1994.

Attorney(s) appearing for the Case

Curt A. Benson, Denenberg, Tuffley & Jamieson, PC, Grand Rapids, MI, A. Richard Bailey, Cozen & O'Connor, Philadelphia, PA, Michelle F. Kitch, Morrison, Mahoney & Miller, Grand Rapids, MI, for Indiana Ins. Co.

William L. Kiriazis, Vandeveer, Garzia, PC, Detroit, MI, for Bernard Erhlich, Frederick M. Bell, WBTL Architects, Planners & Interior Designers.

James M. Cameron, Jr., Dykema, Gossett, PLLC, Ann Arbor, MI, for Severud Associates.

Drew F. Seaman, Sandra K. Visser, Straub, Seaman & Allen, St. Joseph, MI, for Holland Constr. Co., Inc.

Michael H. Whiting, Stark, Reagan & Finnerty, Troy, MI, for Soil and Material Engineers, Inc.

Robert B. Aardema, Bensinger, Cotant, Menkes & Aardema, PC, Grand Rapids, MI, for D & J Excavating.

Joseph A. Byrne, Jr., Ford, Kriekard, Domeny & Byrne, PC, Portage, MI, for C.E. Hess and Sons.

OPINION ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

MILES, Senior District Judge

This matter is before the court on the motions of the defendants for summary judgment (docket nos. 27, 32, 34, 35, 36, and 37). Plaintiff has opposed these motions. For the reasons to follow, the court hereby GRANTS the motions to the extent that they seek dismissal of all claims with the exception of any claims of gross negligence.

I

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