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ORMSBY v. CAPITAL WELDING, INC.

Docket Nos. 123287, 123289. Calendar No. 10.

684 N.W.2d 320 (2004)

471 Mich. 45

Ralph ORMSBY and Kimberly Ormsby, Plaintiffs-Appellees, v. CAPITAL WELDING, INC., Defendant-Appellant, and Monarch Building Services, Inc., Defendant-Appellee, and Metropolitan Building Services and Rite Aid of Michigan, Defendants. Ralph Ormsby and Kimberly Ormsby, Plaintiffs-Appellees, v. Capital Welding, Inc., Defendant-Appellee, and Monarch Building Services, Inc., Defendant-Appellant, and Metropolitan Building Services and Rite Aid of Michigan, Defendants.

Supreme Court of Michigan.

Decided July 23, 2004.

Attorney(s) appearing for the Case

Miller & Padilla, P.C. (by Neil A. Miller) Troy, MI, Sommers, Schwartz, Silver & Schwartz, P.C., of counsel (by Patrick Burkett) Southfield, MI, for the plaintiffs.

Rutledge, Manion, Rabaut, Terry & Thomas, P.C. (by Joseph J. Wright) Southfield, MI, for defendant Capital Welding, Inc.

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

Clark Hill, P.L.C. (by Kevin S. Hendrick and Paul C. Smith) Detroit, MI, for the Michigan Chapter and the Greater Detroit Chapter of the Associated General Contractors, amicus curiae.

Novara, Tesija & McGuire, P.L.L.C. (by Nicholas R. Nahat) Southfield, MI, for the Michigan Regional Council of Carpenters, amicus curiae.

Richard L. Steinberg, P.C. (by Richard L. Steinberg and Donald C. Wheaton, Jr.) Detroit, MI, for the International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, amicus curiae.

Clark Hill, P.L.C. (by F.R. Damm and Paul C. Smith) Detroit, MI, for the Michigan Manufacturers Association, amicus curiae.

TAYLOR, J.

We granted leave to appeal in this case to consider the relationship between the "common work area doctrine" and the "retained control doctrine," and to address the scope of each doctrine. At common law, property owners and general contractors generally could not be held liable for the negligence of independent subcontractors and their employees. In Funk v. Gen. Motors Corp., 392 Mich. 91, 104-105,

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