LATHAM v. BARTON MALOW CO.

Docket No. 132946.

746 N.W.2d 868 (2008)

Douglas LATHAM, Plaintiff-Appellee v. BARTON MALOW COMPANY, Defendant-Appellant.

Supreme Court of Michigan.

April 14, 2008.


Attorney(s) appearing for the Case

Jon R. Garrett, P.C. (by Jon R. Garrett), Detroit, and Gross, Nemeth & Silverman, P.L.C. (by Steven G. Silverman), Detroit, for the plaintiff.

Cardelli, Lanfear & Buikema, P.C. (by Anthony F. Caffrey III), Grand Rapids, for the defendant.


OPINION

TAYLOR, C.J.

In this case, we analyze what comprises the element of "readily observable and avoidable dangers" in a lawsuit involving a "common work area" of a construction site. In Funk v. Gen Motors Corp,1 this Court established the common-work-area doctrine, which by its elements is not a strict liability tort but is instead one that imposes liability only if the general contractor

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