*1 Order Michigan Supreme Court
Lansing, Michigan October 25, 2006 Clifford W. Taylor,
Chief Justice 130901 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan ELIZABETH A. BANASZAK, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, v SC: 130901 Justices COA: Wayne CC: 02-200211-NO 263305 NORTHWEST AIRLINES, INC,
Defendant/ Cross-Plaintiff, and
OTIS ELEVATOR COMPANY,
Defendant/Cross- Defendant-Appellant, and
COUNTY OF WAYNE, and HUNT
CONSTRUCTION GROUP, INC,
Defendants. _________________________________________/
On order of the Court, the application for leave to appeal the February 28, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REINSTATE the order of the Wayne Circuit Court granting summary disposition to
defendant Otis Elevator Company. Otis entered into a contract to install moving
walkways in a new airport terminal. As part of that contract, Otis was required to provide
a cover over the “wellway,” an opening at the end of the moving walkway that contains
the mechanical elements. The purpose of the cover was to protect persons using that
area. The plaintiff was injured when she stepped on an inadequate piece of plywood
covering the “wellway.” This hazard was the subject of the Otis contract. As a result,
Otis owed no duty to plaintiff that was “separate and distinct” from its duties under the
contract.
Fultz v Union-Commerce Associates
,
C AVANAGH and K ELLY , JJ., would deny leave to appeal.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 25, 2006 _________________________________________ l1018 Clerk