DaimlerChrysler Corp. v. Wesco Distribution, Inc.

Defendant, Wesco Distribution, Inc., appeals as of right the trial court’s order of judgment for plaintiff, DaimlerChrysler Corporation (Chrysler). Wesco’s arguments on appeal pertain to the trial court’s order granting summary disposition for Chrysler with respect to liability. Although Wesco posits several arguments for reversal, we find one dispositive. That is, Wesco could not be held liable to indemnify Chrysler under this contract for an injury that occurred before the contract was formed. On this basis, we reverse and remand.

I. FACTS AND PROCEEDINGS

Wesco, a distributor, has a business…