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CITIZENS INS. CO. v. SCHOLZ

Docket No. 254466.

709 N.W.2d 164 (2005)

268 Mich. App. 659

CITIZENS INSURANCE COMPANY, Plaintiff-Appellant, v. F.C. SCHOLZ, III, Bultsma Excavating, Inc., and Hoonhorst Concrete, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided November 8, 2005, at 9:15 a.m.

Released for Publication January 23, 2006.

Attorney(s) appearing for the Case

Betz & Bloss, P.C. (by Ralph M. Reisinger), Grand Rapids, for Citizens Insurance Company.

Damon, Oosterhouse & Witte, LLP (by Charles E. Damon), Grand Rapids, for F.C. Scholz, III.

Worsfold Macfarlane McDonald, P.L.L.C. (by David M. Pierangeli), Grand Rapids, for Bultsma Excavating, Inc.

Straub, Seaman & Allen, P.C. (by Joseph R. Enslen and Mary Catherine Beach), Grandville, for Hoonhorst Concrete, Inc.

Before: BANDSTRA, P.J., and NEFF and DONOFRIO, JJ.

NEFF, J.

Plaintiff filed this action as subrogee of its insured, Zinger Sheet Metal, to recover damages sustained by Zinger when a building wall collapsed during a construction project undertaken by defendant contractors. Plaintiff appeals as of right an order of the trial court granting summary disposition for defendants pursuant to MCR 2.116(C)(7). The court ruled that plaintiff's claim was time-barred because it was governed by the three-year statute of limitations...

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