ORMSBY v. CAPITAL WELDING, INC.

Docket No. 233563.

660 N.W.2d 730 (2003)

255 Mich. App. 165

Ralph ORMSBY and Kimberly Ormsby, Plaintiffs-Appellants, v. CAPITAL WELDING, INC., Defendant/Cross-Defendant-Appellee/Cross-Appellee, and Monarch Building Services, Inc., Defendant/Cross-Plaintiff-Appellee/Cross-Appellant, and Metropolitan Building Services and Rite-Aid of Michigan, Defendants-Not Participating.

Court of Appeals of Michigan.

Decided January 24, 2003, at 9:00 a.m.

Released for Publication April 18, 2003.


Attorney(s) appearing for the Case

Miller & Padilla, P.C. (by Neil A. Miller) (Sommers, Schwartz, Silver & Schwartz, P.C., by Patrick Burkett, of counsel), Troy, Southfield, for Ralph and Kimberly Ormsby.

Joseph J. Wright, PLLC (by Joseph J. Wright), Southfield, for Capital Welding, Inc.

Pedersen, Keenan, King, Wachsberg & Andrzejak, P.C. (by Michael M. Wachsberg), Commerce Township, for Monarch Building Services, Inc.

Before: KIRSTEN FRANK KELLY, P.J. and JANSEN and DONOFRIO, JJ.


KIRSTEN FRANK KELLY, P.J.

In this negligence case, plaintiff1 appeals an order granting summary disposition in favor of defendants Capital Welding, Inc., and Monarch Building Services, Inc. Monarch cross appeals an order granting Capital's motion for summary disposition of Monarch's cross-claim against Capital. We affirm in part and reverse in part.

I. Basic Facts and Procedural History...

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