Romain v. Frankenmuth Mutual Insurance

The Wayne Circuit Court summarily dismissed IAQ Management, Inc. (IAQ), from this action because IAQ did not owe plaintiffs a duty under the contract involved or under general negligence principles. Thereafter, defendant, Insurance Services Construction Corporation, filed a notice under MCR 2.112(E) naming IAQ as a nonparty at fault. Because IAQ did not owe plaintiffs a duty, IAQ’s conduct could not have been “a proximate cause of damage sustained by a party.”1 Therefore, the circuit court properly granted plaintiffs’ motion to strike the notice of IAQ as a nonparty at fault2 because a…