Mary Beth Nash Monica L.
Plaintiff appeals as of right the order granting defendants? The trial court found that the action was time-barred as the statute of limitations had expired. This appeal is being decided without oral argument pursuant to MCR 7. Plaintiff provided property insurance to the owner of a shopping center in Saginaw.
A lessee contracted with defendant Rue Construction Company to perform renovations on the property.
While that work was being performed on September 21,a number of underground electrical lines were severed, cutting off power to a portion of the shopping center. Plaintiff paid its insured for damages sustained due to the loss of power, and filed this action to recover from defendants on July 23, The trial court granted defendants?
This Court reviews a trial court? Issues of statutory interpretation are reviewed de novo as well. No person may maintain any action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained as a result of such injury, against any state licensed architect or professional engineer performing or furnishing the design or supervision of construction of the improvement, or against any contractor making the improvement, more than 6 years after the time of occupancy of the completed improvement, use, or acceptance of the improvement, or 1 year after the defect is discovered or should have been discovered, provided that the defect constitutes the proximate cause of the injury or damage for which the action is brought and is the result of gross negligence on the part of the contractor or licensed architect or professional engineer.
However, no such action shall be maintained more than 10 years after the time of occupancy of the completed improvement, use, or acceptance of the improvement. The Court defined improvement as a?? Pendzsu, supra atquoting Adair, supra at The test for an improvement is whether it adds to the value of realty, not whether an improvement can be removed without damage to the land.
Pendzsu, supra at The nature of the improvement and the permanence of the improvement should also be considered.
As part of a court? Here, the concrete cutting was part of a renovation of leased space at the shopping center. If a component of an improvement is an integral part of the improvement to which it belongs, then the component constitutes an improvement to real property.
However, the only evidence provided to the trial court was that defendants removed a portion of a concrete slab. The party opposing a motion for summary disposition has the burden of showing by evidentiary materials that a genuine issue of disputed fact exists.
Review is limited to the evidence that has been presented to the trial court at the time the motion was decided. On review of the entire record, we conclude that plaintiff failed to present evidence, sufficient to survive summary disposition, showing a claim arising out of a?Lumbermen's Underwriting Alliance in Dorval, Montréal H9S 5T8 - Company Profile, Phone Number, Address, Postcode, Map and more.
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Plaintiff Lumbermen’s Underwriting Alliance was the property insurance carrier for JGM at the time of the fire and provided insurance coverage for the resultant property damage.
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DOCKET NO. Record No. JUDGES Cynthia D. Kinser. ATTORNEY(S) S. Vernon Priddy, III (Frank B. Miller, III; Sands, Anderson, Marks Miller, on briefs), for appellant.
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