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161098 - Estate of Joseph Velez, Jr v Richard Shafer

Susan Moore, Guardian/Conservator for the Estate of Joseph Daniel Velez, Jr.,


Barbara Goldman





(Appeal from Ct of Appeals)



(Macomb – Biernat, J.)


Shafer, R. Shafer Builders, Revocable Living Trust Agreement dated 12/14/89, by Trustees Richard N. Shafer and Karen J. Shafer,


Richard Mitchell







Hensely Manufacturing, Inc.,







Joseph Velez, Jr., was injured when he fell off the flat roof of an industrial building while performing roofing work.  Suit was brought against several parties, including the owners of the building and the general contractor.  Those defendants moved for summary disposition, and the trial court granted summary disposition in their favor.   The Court of Appeals affirmed in part and reversed in part in an unpublished opinion.  The Court of Appeals unanimously agreed that the trial court did not err in granting summary disposition in favor of the general contractor on the plaintiff’s claim under the common work area doctrine.  But a two-judge majority reversed the grant of summary disposition on the claim raised against the building owners, which was based on a premises liability theory.  The Supreme Court has ordered oral argument on the application to address whether the Court of Appeals erred when it determined that genuine issues of material fact precluded dismissal of the plaintiff’s premises liability claim.  Perkoviq v Delcor Home-Lake Shore, Ltd, 466 Mich 11 (2002); Hoffner v Lanctoe, 492 Mich 450 (2012).​