Killingbeck v. Flotation Docking, Inc.
This text of 707 N.W.2d 593 (Killingbeck v. Flotation Docking, Inc.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Brian KILLINGBECK, Plaintiff-Appellee,
v.
FLOTATION DOCKING, INC., Defendant-Appellant.
Supreme Court of Michigan.
On order of the Court, the application for leave to appeal the May 26, 2005 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the judgment of the Mackinac Circuit Court. Summary disposition was properly granted to defendant where plaintiff failed to provide any direct evidence of retaliation in violation of MCL 418.301(11). Plaintiff's ambiguous question asked of defendant's supervisory employee could at most be deemed a reference to defendant's letter of September 1, 1999, advising plaintiff that there was no position available for him at that time, should his doctor release him to return to work. Nothing in that letter revealed an improper discriminatory motive, and the letter was in fact neither a termination letter, nor an adverse employment action.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
707 N.W.2d 593, 474 Mich. 988, 2005 Mich. LEXIS 2946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/killingbeck-v-flotation-docking-inc-mich-2005.