McGee v. City of Warren

Citation Codes

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Docket Number

Docket No. 143337.COA No. 296452.

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Michael McGEE, Plaintiff/Counterdefendant, v. CITY OF WARREN, Defendant/ Counterplaintiff/Cross–Plaintiff–Appellant,andTony Anthony, Inc., Defendant/Cross–Defendant–Appellee,andAndrew Eckstein, Major Cement Company, Inc., and Anderson, Eckstein & Westrick, Inc., Defendants.

Prior report: Mich.App., 2011 WL 2028929.

Order

On order of the Court, the application for leave to appeal the May 24, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals to apply MCL 600.5807(8) to the City of Warren's claims for breach of contract (insofar as they do not seek indemnity for damages sustained as a result of tortious injury) and, if necessary, for consideration of the remaining issues raised in the appeal. MCL 600.5839(1) bars any action against a contractor seeking indemnity for damages resulting from bodily injury arising out of a defective and unsafe condition of an improvement to real property. Miller–Davis v. Ahrens Construction, Inc., 489 Mich. 355, 802 N.W.2d 33 (2011). However, the statute of repose does not apply to non-indemnity actions for breach of contract.

Michael McGEE, Plaintiff/Counterdefendant, v. CITY OF WARREN, Defendant/ Counterplaintiff/Cross–Plaintiff–Appellant,andTony Anthony, Inc., Defendant/Cross–Defendant–Appellee,andAndrew Eckstein, Major Cement Company, Inc., and Anderson, Eckstein & Westrick, Inc., Defendants.

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