Preview:

STATE OF MICHIGAN COURT OF APPEALS

ALLEN LANGFORD, as Next Friend for PATRINA LANGFORD, a Minor, Plaintiff, v JENKINS CONSTRUCTION, INC., TMP ASSOCIATES, GEORGE COHEN, DETROIT PUBLIC SCHOOLS, CASS TECHNICAL HIGH SCHOOL, DETROIT PUBLIC SCHOOLS PROGRAM MANAGER, L.L.C., QUICK GREEN, B & L LANDSCAPING, and BECKETT & RAEDER, INC., Defendants, and ABC PAVING COMPANY, INC., Defendant/Third-Party PlaintiffAppellant/Cross-Appellee, v INDUSTRIAL FENCE & LANDSCAPE, Third-Party DefendantAppellee/Cross-Appellant.

UNPUBLISHED June 23, 2009

No. 285915 Wayne Circuit Court LC No. 06-604007-NO

Before: Fitzgerald, P.J., and Talbot and Shapiro, JJ. PER CURIAM. Defendant/Third-Party Plaintiff, ABC Paving Company, Inc. ("ABC") appeals as of right the trial court's grant of summary disposition in favor of Third-Party Defendant, Industrial Fence & Landscape ("Industrial") in this contract dispute regarding the applicability of an

-1-

indemnification provision. Industrial cross-appeals contending its contract with ABC is void based on fraud. We vacate in part, affirm in part and remand to the trial court. This litigation arises from an injury incurred by the minor plaintiff, Patrina Langford, while performing as a cheerleader for Cass Technical High School at a game on their football field. Patrina was injured when her hand slipped into a depression in the field resulting in her falling and injuring her arm. Plaintiff sued the school and related entities in addition to the contractors and subcontractors involved in construction of the school and its football field asserting defects in its construction, design and inspection. At the outset, it is necessary to delineate the relationship between the pertinent contractors and subcontractors. Jenkins Construction, Inc. ("Jenkins") served as the general contractor and construction manager for the Cass Technical High School project. Jenkins subcontracted construction of the football field (referred to as Bid Package 14

Download ALLEN LANGFORD V JENKINS CONSTRUCTION INC.pdf

Michigan Law