Burger v. Midland Cogeneration Venture

Plaintiff appeals from an order of the Midland Circuit Court granting defendants’ motion for summary disposition pursuant to MCR 2.116(C)(7). Defendants cross appeal from the order of the circuit court denying their motion for summary disposition pursuant to MCR 2.116(C)(8) and (10). We affirm in part and reverse in part.

This case arises out of a construction accident that occurred at the plant of defendant Midland Cogeneration Venture (Midland) near Midland, Michigan. At the time of the accident, plaintiff was an employee of Babcock & Wilcox Construction, Inc., a subcontractor that had…