Bitar v. Wakim

536 N.W.2d 583, 211 Mich. App. 617
CourtMichigan Court of Appeals
DecidedJune 23, 1995
DocketDocket 173717
StatusPublished
Cited by11 cases

This text of 536 N.W.2d 583 (Bitar v. Wakim) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bitar v. Wakim, 536 N.W.2d 583, 211 Mich. App. 617 (Mich. Ct. App. 1995).

Opinion

Jansen, P.J.

Plaintiff appeals as of right from a March 7, 1994, order of the Wayne Circuit Court granting defendant’s motion for summary disposition. The trial court ruled that plaintiffs negligence claim was barred by the exclusive remedy provision of the Worker’s Disability Compensation Act (wdca), MCL 418.131; MSA 17.237(131). We affirm.

On December 23, 1991, plaintiff was an employee of Beirut Bakery, Inc. On that daté, while acting in the course of her employment, plaintiff took trash out to a garbage bin located in the parking lot near the building. Plaintiff was injured when she slipped and fell on ice in the parking lot. Plaintiff subsequently applied for and received benefits under the wdca.

Defendant is the sole shareholder of Beirut Bakery and also owns the building and parking lot where the bakery is located. Defendant is a principal employee of the bakery, acting as general manager and supervisor of its operations. On April 6, 1993, plaintiff filed this suit against defendant, *619 in his capacity as owner of the building and the adjacent parking lot where plaintiff fell. Plaintiff alleged in her complaint that defendant breached his duty to maintain the premises in a safe condition and to exercise reasonable care to diminish the hazards of ice in the area where she fell.

Defendant filed a motion for summary disposition pursuant to MCR 2.116(0(10). Defendant sought summary disposition under the exclusive remedy provision of the wdca. Defendant’s theory was that he should be treated as plaintiff’s employer for purposes of the wdca under a "reverse piercing” of the corporate veil analysis because he was the sole owner of, and therefore inseparable from, Beirut Bakery. Defendant also argued that plaintiff could not avoid the exclusive remedy provision by invoking the dual-capacity doctrine because defendant’s status as the building owner was not completely distinct from his status as plaintiff’s employer. The trial court granted the motion for summary disposition, ruling that defendant should be treated as the employer under reverse piercing of the corporate veil theory and that the dual-capacity doctrine did not apply.

i

The proper subrule for reviewing questions regarding the exclusive remedy provision is MCR 2.116(C)(4) (lack of subject-matter jurisdiction). See Wells v Firestone Tire & Rubber Co, 421 Mich 641, 646, n 1; 364 NW2d 670 (1984). Because there is no indication that either party was prejudiced by the labeling of the motion, this issue is analyzed under MCR 2.116(C)(4). Id.

This Court reviews a motion for summary disposition de novo. When reviewing a motion for summary disposition under MCR 2.116(C)(4), we must *620 determine whether the pleadings demonstrate that the defendant was entitled to judgment as a matter of law, or whether the affidavits and other proofs show that there was no genuine issue of material fact. MCR 2.116(I)(1); Faulkner v Flowers, 206 Mich App 562, 564; 522 NW2d 700 (1994).

Initially, we agree with the parties that the "economic reality test,” as applied in worker’s compensation cases to determine whether an employment relationship existed between a plaintiff and a defendant, is not the appropriate test to be applied in this case. See Wells, supra, pp 646-647. When determining whether a parent or subsidiary corporation is an employer for purposes of the wdca, the test to apply is the economic reality test. Isom v Limitorque Corp, 193 Mich App 518, 521; 484 NW2d 716 (1992). Because this case does not involve a parent/subsidiary question, but a sole shareholder/corporation issue, application of the economic reality test is inappropriate. In this case, the sole shareholder and the corporation are not separate entities. Id., pp 521-522; Derigiotis v J M Feighery Co, 185 Mich App 90, 95; 460 NW2d 235 (1990).

However, we must determine whether defendant can use reverse piercing of the corporate veil of Beirut Bakery to establish that he is plaintiff’s employer for purposes of using the exclusive remedy provision of the wdca. We find that defendant is entitled to use this equitable doctrine. .

The piercing of a corporate veil is an equitable doctrine. Soloman v Western Hills Development Co (After Remand), 110 Mich App 257, 263; 312 NW2d 428 (1981). Generally, separate entities will be respected. Wells, supra, p 650. However, the doctrine of piercing the corporate veil is appropriate to invoke for the benefit of a shareholder where the equities are compelling. Id., p 651. In *621 Wells, our Supreme Court disregarded the separate corporate entities of the parent corporation and its wholly owned subsidiary on the basis of the public policies underlying the wdca and the belief that this achieved an equitable result. As stated in Wells, supra, p 651:

The statutory workers’ compensation scheme was enacted for the protection of both employees and employers who work and do business in this state. The system assures covered employees that they will be compensated in the event of employment-related injuries. In addition, employers are assured of the parameters of their liability for such injuries. By agreeing to assume responsibility for all employment-related injuries, employers protect themselves from the possibility of potentially excessive damage awards. In order to effectuate these policies, the statute has been liberally construed to provide broad coverage for the injured workers. . . .
If the statute is to be construed liberally when an employee seeks benefits, it should not be construed differently when the employer asserts it as a defense to a tort action brought by the employee who claimed and accepted benefits arising from that employment relationship.

Generally, the law treats a corporation as an entirely separate entity from its stockholders, even where one person owns all of the corporate stock. Kline v Kline, 104 Mich App 700, 702; 305 NW2d 297 (1981). Complete identity of interest between the sole shareholder and corporation may lead courts to treat them as one for certain purposes. Id. Each case involving disregard of the corporate entity rests on its own special facts. Id., p 703. We believe that, in considering the purposes underlying the wdca and the facts of this case, defendant is entitled to invoke the equitable doctrine of reverse piercing of the corporate veil.

*622 It has previously been noted that if a corporate veil is pierced because of the almost complete identity between the corporation and the majority shareholder, then the majority shareholder and the corporation are generally considered to be one and the same, that is, the employer, for purposes of the exclusive remedy provision of the wdca. Pettaway v McConaghy, 367 Mich 651, 654; 116 NW2d 789 (1962); Maki v Copper Range Co, 121 Mich App 518, 526; 328 NW2d 430 (1982); Dobbs v Journal Co, 137 Mich App 663, 666; 358 NW2d 32 (1984).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harris v. Vernier
617 N.W.2d 764 (Michigan Court of Appeals, 2000)
Herbolsheimer v. SMS Holding Co., Inc.
608 N.W.2d 487 (Michigan Court of Appeals, 2000)
Clark v. United Technologies Automotive, Inc
594 N.W.2d 447 (Michigan Supreme Court, 1999)
Bitar v. Wakim
572 N.W.2d 191 (Michigan Supreme Court, 1998)
Baraga Products, Inc. v. Commissioner of Revenue
971 F. Supp. 294 (W.D. Michigan, 1997)
Walker v. Johnson & Johnson Vision Products, Inc
552 N.W.2d 679 (Michigan Court of Appeals, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
536 N.W.2d 583, 211 Mich. App. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bitar-v-wakim-michctapp-1995.