FANSLER v. RICHARDSON

Docket Nos. 250757, 250758, 250789, 250790.

698 N.W.2d 916 (2005)

266 Mich. App. 123

Andrew FANSLER, Personal Representative of the Estate of Cheryl Ann Fansler; Estil Fansler, Personal Representative of the Estate of Angela Marie Fansler; Daniel Ringman, Personal Representative of the Estate of Robin Lynn Ringman; and Craig Wright and Diana Wright, Personal Representatives of the Estate of Matthew L. Wright, Plaintiffs, v. William RICHARDSON; William D. Richardson Revocable Trust; Rick Cater, d/b/a Cater Construction; C. William Heinowski; Reading Building Supply, Inc.; William Yerkes; 1st Step Consulting, Inc.; Dennis Bell; and Bell Engineering Limited., Inc., Defendants, and Thermogas Company, Inc., Defendant/Cross-Plaintiff, and Independence Professional Fireworks, Inc., Defendant/Cross-Defendant-Appellee, and Mike Gibler, d/b/a MG & Company Climate Control, Defendant-Appellant. Kelly Mercer, Personal Representative of the Estate of Joyce Ann Carr, Plaintiff, v. William Richardson; William D. Richardson Revocable Trust; 1st Step Consulting, Inc.; William Yerkes; Richard P. Cater, d/b/a Cater Construction; Reading Building Supply, Inc.; C. William Heinowski; Dennis M. Bell; and Bell Engineering Limited, Inc., Defendants, and Thermogas Company, Inc., Defendant/Cross-Plaintiff, and Mike Gibler, d/b/a MG & Company Climate Control, Defendant-Appellant, and Independence Professional Fireworks, Inc., Defendant/Cross-Defendant-Appellee. and Rew Fansler, Personal Representative of the Estate of Cheryl Ann Fansler; Estil Fansler, Personal Representative of the Estate of Angela Marie Fansler; Daniel Ringman, Personal Representative of the Estate of Robin Lynn Ringman; and Craig Wright and Diana Wright, Personal Representatives of the Estate of Matthew L. Wright, Plaintiffs, v. William Richardson; William D. Richardson Revocable Trust; Rick Cater, d/b/a Cater Construction; Mike Gibler, d/b/a MG & Company Climate Control; C. William Heinowski; Reading Building Supply, Inc.; William Yerkes; 1st Step Consulting, Inc.; Dennis Bell; and Bell Engineering Limited, Inc., Defendants, and Independence Professional Fire-works, Inc., Defendant/Cross-Defendant-Appellee, and Thermogas Company, Inc., Defendant/Cross-Plaintiff-Appellant. Kelly Mercer, Personal Representative of the Estate of Joyce Ann Carr, Plaintiff, v. William Richardson; William D. Richardson Revocable Trust; 1st Step Consulting, Inc.; William Yerkes; Mike Gibler, d/b/a MG & Company Climate Control; Richard P. Cater, d/b/a Cater Construction; Reading Building Supply, Inc.; C. William Heinowski; Dennis M. Bell; and Bell Engineering Limited, Inc., Defendants, and Thermogas Company, Inc., Defendant/Cross-Plaintiff-Appellant, and Independence Professional Fireworks, Inc., Defendant/Cross-Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 24, 2005.

Approved for publication April 28, 2005, at 9:15 a.m.

Released for Publication June 22, 2005.


Attorney(s) appearing for the Case

James, Dark & Brill (by John C. Fish) Kalamazoo, for Mike Gibler.

Welper & Macdonald, P.C. (by F. Eugene Welper, Jr., and John M. Macdonald), and The Johnson Law Group L.L.C. (by Tristan L. Duncan) Hillsdale; Kansas City, MO, for Thermogas Company, Inc.

Rutledge, Manion, Rabaut, Terry & Thomas, P.C. (by Joseph J. Wright), Southfield, for Independence Professional Fireworks, Inc.

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


PER CURIAM.

Defendant Mike Gibler, doing business as MG & Company (Gibler), and defendant Thermogas Company, Inc. (Thermogas), appeal as of right the trial court order denying their request for costs pursuant to MCR 2.625 against codefendant Independence Professional Fireworks, Inc. (IPF). We affirm.

These consolidated actions arose following an explosion at the IPF plant that killed five employees (plaintiffs' decedents). The personal representatives...

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