Kevin Mulvaney (Partner-Detroit, MI) recently secured dismissal of a negligence/premises liability lawsuit pending in Oakland County Circuit Court for a firm trucking client. The plaintiff was a contracted janitor at the client's trucking terminal where he was run over by a forklift operated by an employee. The plaintiff's leg became lodged in the forklift's wheel-well causing catastrophic injuries and likely eventual amputation. Plaintiff filed a negligence and premises liability action against the client was seeking an eight-figure damages demand, including high seven figures in economic damages. During discovery, it was learned that the plaintiff's employer did not have workers’ compensation insurance and shortly thereafter went out of business. The Circuit Court adopted Kevin's argument that while the plaintiff was an independent contractor, he should be considered a statutory employee of the trucking company for workers’ compensation purposes. Accordingly, his bodily lawsuit was barred by Michigan's Workers’ Compensation Exclusive Remedy laws.