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Property Damage-Negligence, Nuisance, Trespass
Property, Fire and Casualty / October 4, 2010
Court/Case No: Kent County Circuit Court/09-05139-CZ
Tried/Argued Before: Judge
Verdict: Dismissed on Summary Disposition
Name of Judge(s): George Buth
Keys to the Case:
Plaintiffs alleged that Defendant negligently installed underground PVC conduit, which allowed flood water to enter into the conduit and migrate into the basement of the Thomas Cooley Law School Building. Defendant was a subcontractor hired by the general contractor to install the conduit. After significant motion practice, the Court agreed that Defendant did not owe Plaintiffs a tort duty “separate and distinct” from Defendant’s contractual obligations to the general contractor related to installation of the conduit. The Court further agreed that Defendant’s actions in installing the conduit did not amount to a “new hazard.” Considerable effort was devoted to obtain a complete understanding of the construction project and the specifications related to installation of the conduit.
Defense SW attorney(s) Involved in Case: