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JOHNSON v. A & M CUSTOM BUILT HOMES OF WEST BLOOMFIELD

Docket No. 246132.

683 N.W.2d 229 (2004)

261 Mich.App. 719

Michael JOHNSON, Conservator of the Estate of Daniel Johnson, Plaintiff-Appellant, and Lumber and Building Material Suppliers' Self-Insured Worker's Compensation Fund, Intervening Plaintiff, v. A & M CUSTOM BUILT HOMES OF WEST BLOOMFIELD, LPC, Task King, Inc., and Aspen Construction Co., Defendants, and Paul Robert Olewnick Builders, Inc., Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 4, 2004, at 9:20 a.m.

Released for Publication July 7, 2004.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Patrick Burkett), and Levine, Benjamin, Tushman, Bratt, Jerris & Stein, P.C. (by Martin E. Stein), Southfield, for the plaintiff.

Ogne, Alberts & Stuart, P.C. (by Michael A. Ross and Jeffrey Bullard), Troy, for Paul Robert Olewnick Builders, Inc.

Before: COOPER, P.J., and GRIFFIN and BORRELLO, JJ.

BORRELLO, J.

Plaintiff Michael Johnson, conservator of the estate of Daniel Johnson, an incapacitated person, appeals by right from the trial court's order granting summary disposition to defendant Paul Robert Olewnick Builders, Inc. hereafter defendant, under MCR 2.116(C)(10). Daniel Johnson was permanently incapacitated after falling from a roof on a construction job. Daniel, an employee of subcontractor Wimsatt Building Materials, was delivering shingles to the...

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