Palomba v. City of East Detroit

Plaintiffs appeal from an accelerated judgment entered in favor of deféndant City of East Detroit. Defendant Ward and Van Nuck Asphalt (hereinafter Ward) and third-party defendant, Rose Construction Company (hereinafter Rose) appeal from the circuit court’s partial grant and partial denial of Rose’s motion for summary judgment.

In 1975, defendant and third-party plaintiff, Ward, entered into a contract with defendant City of East Detroit to widen one of the city’s major streets. Ward subcontracted a portion of the work to third-party defendant, Rose. While working on the construction project…