Ghaffari v Turner Construction et al

Michigan Supreme Court No. 124786, No. 124787
COA No. 240025

Sep 6, 2005

Argument 1
The open and obvious danger doctrine may be harmoniously applied to bar claims arising within a common work area as described in ORMSBY v CAPITAL WELDING, INC, 471 Mich 45; 684 NW2D 320 (2004)

Argument 2
Application of the open and obvious danger doctrine can be reconciled with HARDY V MONSANTO-CHEM SYSTEMS, INC 414 Mich 29 (1992) in which the Michigan Supreme Court concluded that the policy of promoting safety in the workplace would be enhanced by the application of principles of comparative negligence