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Nos. 124786 124787
| Louis Ghaffari, |
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Marshall Lasser |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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Turner Construction Company, |
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Defendant, Cross-Plaintiff,
Third-Party Plaintiff-Appellee,
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| and |
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| Hoyt, Brum & Link, and Guideline
Mechanical, Inc., |
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Julie Nichols |
| Defendants, Cross-Defendants-Appellees, |
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| and |
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R.W. Mead & Sons, Inc., and Conti
Electric, Inc.,
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| Third-Party Defendants, |
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| and |
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Acoustical Ceiling & Partition Company, |
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| Defendant, |
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| and |
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| The Edison Institute a/k/a Henry Ford |
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| Museum & Greenfield Village, |
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| Defendant, Third-Party Plaintiff. |
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| ---------------------------------------------------- |
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| Louis Ghaffari, |
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Plaintiff-Appellant, |
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| v |
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| Turner Construction Company |
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Donald R. Dillon, Jr. |
| Defendant, Cross-Plaintiff, Third-Party Plaintiff-Appellee, |
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| and |
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Hoyt, Brum & Link, |
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| Defendant, Cross-Defendant-Appellee, |
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| and |
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Guideline Mechanical, Inc., |
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| Defendant, Cross-Defendant, |
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| and |
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Acoustical Ceiling & Partition Company, |
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| Defendant, |
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The Edison Institute a/k/a Henry Ford |
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| Museum & Greenfield Village, |
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| Defendant, Third-Party Plaintiff, |
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| and |
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| Conti Electric, Inc., |
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| Third-Party Defendant. |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee Hoyt, Brum & Link's Brief on Appeal>>
Defendant-Appellee Turner Construction Company's Brief on Appeal>>
Michigan Defense Trial Counsel's Amicus Curiae Brief>>
The Associated General
Contractors of America Greater Detroit Chapter Inc. and
Michigan Chapter Associated General Contractors of Ameria, Inc's Amicus Curiae Brief>>
Background
This case arises out of a slip and fall accident that occurred during construction of an IMAX theater at the Henry Ford Museum in Dearborn . The premises were owned and operated by Edison Institute. The defendants include Turner Construction, which was the construction manager, and also two companies hired to do the plumbing and pipefitting work. Louis Ghaffari was employed by Conti Electric, which had been hired to wire the new theater. On August 3, 1999, Ghaffari slipped and fell on copper pipes that were lying on the ground in an area of the construction site that was being used as a walkway. Ghaffari sued, claiming that the pipes posed a hazard to those working on the construction site because they could not be seen easily. Ghaffari alleged that whichever company left the pipes on the floor did so in violation of Michigan law and specific Occupational Health and Safety Administration (OSHA) regulations. Ghaffari further alleged that Turner, as construction manager of the project, violated common law, contractual, and OSHA duties requiring the construction manager to clean up walkways and storage areas, remove trip and slip hazards, and compel trades contractors to remove safety hazards. All the defendants filed a motion to be dismissed from the lawsuit, arguing that the pipes were "open and obvious" and that the defendants had no duty to remove them. The trial court agreed and granted the defendants' motion for summary disposition. The Court of Appeals affirmed the trial court's ruling. Ghaffari appeals.
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