Colby Smith v. Michigan Pallet Incorporated

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 23, 2015 Robert P. Young, Jr., Chief Justice

151963 Stephen J. Markman Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

COLBY SMITH, Joan L. Larsen, Plaintiff-Appellee, Justices

v SC: 151963 COA: 318702 Lenawee CC: 11-004180-NO

MICHIGAN PALLET, INC., JONATHAN J. POORTENGA, and KENNETH ENGELSMA, Defendants-Appellants,

and LPS EQUIPMENT & ACQUISITION COMPANY, INC., ADRIAN ROCSKAY, TODD STRONG, JAMES KIVELL, and JOHN DOE, Defendants.

_________________________________________/

On order of the Court, the application for leave to appeal the June 2, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Lenawee Circuit Court for entry of an order granting the motion for summary disposition filed by the defendants-appellants. The Court of Appeals erred by finding that the plaintiff established a prima facie case of an intentional tort falling within the exception to the worker’s compensation exclusive remedy that is found at MCL 418.131(1). There is no evidence in this case that the defendants had a specific intent to injure the plaintiff. Nor does the evidence establish that the defendants “had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge.” Id. See also Travis v Dreis & Krump Mfg Co, 453 Mich 149 (1996).

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 23, 2015

t1222

Clerk