FULTZ v. UNION-COMMERCE ASSOC., 468 Mich. 883 (2003)

661 N.W.2d 232

SANDRA GAIL FULTZ and OTTO FULTZ, Plaintiffs-Appellees, v. UNION-COMMERCE ASSOCIATES, COMM-CO EQUITIES, NAMER JONNA, ARKAN JONNA, LAITH JONNA, MOHSIN KOUZA, and GLADYS KOUZA, Defendants, and CREATIVE MAINTENANCE, LTD., Defendant-Appellant.

No. 121613.Supreme Court of Michigan.
April 8, 2003.

COA: 224019, Oakland CC: 95-501433 NO

On order of the Court, the application for leave to appeal from the March 19, 2002 decision of the Court of Appeals is considered, and it is GRANTED. Among the issues to be briefed, the parties are directed to address (1) under what circumstances, if any, plaintiff can establish a duty owed to her based on a contract to which plaintiff was not a party, where neither party to the contract owes plaintiff that duty outside the contract, and (2) whether, in a premises liability action, the defenses available to a landowner are available to a contractor acting for the landowner.