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GHAFFARI v. TURNER CONST. CO.

Docket Nos. 124786, 124787. Calendar No. 10.

699 N.W.2d 687 (2005)

473 Mich. 16

Louis GHAFFARI, Plaintiff-Appellant, v. TURNER CONSTRUCTION COMPANY, Defendant, Cross-Plaintiff, Third Party Plaintiff-Appellee, and Hoyt, Brum & Link, and Guideline Mechanical, Inc., Defendants, Cross-Defendants-Appellees, and R.W. Mead & Sons, Inc., and Conti Electric, Inc., Third-Party Defendants, and Acoustical Ceiling and Partition Company, Defendant, and The Edison Institute a/k/a Henry Ford Museum & Greenfield Village, Defendant, Third-Party Plaintiff. Louis Ghaffari, Plaintiff-Appellant. v. Turner Construction Company, Defendant, Cross-Plaintiff, Third-Party Plaintiff-Appellee, and Hoyt, Brum & Link, Defendant, Cross-Defendant-Appellee, and Guideline Mechanical, Inc., Defendant, Cross-Defendant, and Acoustical Ceiling & Partition Company, Defendant, and The Edison Institute a/k/a Henry Ford Museum & Greenfield Village, Defendant, Third-Party Plaintiff, and Conti Electric, Inc., Third-Party Defendant.

Supreme Court of Michigan.

Decided July 12, 2005.

Attorney(s) appearing for the Case

Marshall Lasser, Southfield, MI, for the plaintiff.

Moffett & Dillon, P.C. (by Donald R. Dillon), Birmingham, MI, for Turner Construction Company.

Harvey Kruse, P.C. (by James E. Sukkar, Barry B. Sutton, and Julie Nichols), Troy, MI, for Hoyt, Brum & Link.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Kristen M. Tolan), Detroit, MI, for Michigan Defense Trial Counsel, amicus curiae.

Thomas M. Keranen & Associates, P.C. (by Thomas M. Keranen, Gary D. Quesada, and Peter J. Cavanaugh), Bloomfield Hills, MI, for Associated General Contractors of America Greater Detroit Chapter, Inc., and Michigan Chapter Associated General Contractors of America, Inc., amici curiae.

OPINION

MARKMAN, J.

The question presented is whether the "open and obvious" doctrine has any application in a claim brought under the "common work area" doctrine. We conclude that it does not.

I. FACTS AND PROCEDURAL HISTORY

This case arises out of a slip and fall incident that occurred during construction of an IMAX theater at Henry Ford Museum in Dearborn. The premises were owned by the Edison Institute, better known as the Henry Ford...

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