Michigan Supreme Court to hear McQueer v. Perfect Fence Co.
The Michigan Supreme Court will hear the case of David J. McQueer v. Perfect Fence Co. at 10 a.m. Wednesday, April 25.
Perfect Fence Co. filed a leave to appeal to address "(1) whether the statutory employer provision of MCL 418.171(4) is applicable to plaintiff’s claims; and (2) if so, whether plaintiff has established a genuine issue of material fact sufficient to avoid summary disposition; and (3) whether the court of appeals erred by reversing the trial court’s order denying, on the basis of futility, plaintiff’s motion to amend his complaint to add an intentional tort claim," according to the court.
The original case revolved around a negligence suit when plaintiff was injured while installing a fence when he was struck in the head by a Bobcat that was being used to drive a fence post into the ground.
Michigan Supreme Court case number 153829
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