A Michigan appellate court has allowed a negligence lawsuit to proceed against a pair of subcontractors, ruling that workers compensation exclusive remedy doesn’t apply when a worker who becomes injured on a jointly controlled job site seeks to sue a company other than his employer.
The Michigan Court of Appeals on Thursday reversed a trial judge’s decision to grant summary judgment to Barton Malow Buildings LLC and Saylor’s Inc., two defendants in a lawsuit brought by Michael Crispin, who worked for Universal Glass, which was subcontracted to work on a project run by Rock Development Co. LLC to construct the Wayne County Criminal Justice Center.
Mr. Crispin said he became injured in October 2020 while working on an aerial lift welding windows on the fourth floor of the project. He claimed a large piece of fireproofing material being applied by Saylor’s fell and landed on him.
The defendants sought to have the suit dismissed because Mr. Crispin received workers comp benefits and that the litigation was barred because of exclusive remedy. The trial judge agreed.
The appeals court said that Mr. Crispin correctly determined that exclusive remedy doesn’t apply because the defendants were not his employer.
The appellate court allowed the lawsuit to proceed, remanding the case to the trial court for additional proceedings.