Quinto v. Cross and Peters Co.

547 N.W.2d 314, 451 Mich. 358, 1996 Mich. LEXIS 1001, 68 Empl. Prac. Dec. (CCH) 44,173
CourtMichigan Supreme Court
DecidedMay 14, 1996
Docket99057, Calendar No. 10
StatusPublished
Cited by808 cases

This text of 547 N.W.2d 314 (Quinto v. Cross and Peters Co.) 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.

Bluebook
Quinto v. Cross and Peters Co., 547 N.W.2d 314, 451 Mich. 358, 1996 Mich. LEXIS 1001, 68 Empl. Prac. Dec. (CCH) 44,173 (Mich. 1996).

Opinions

Boyle, J.

In this case, the trial court dismissed plaintiffs claim pursuant to the Civil Rights Act, MCL 37.2101 et seq.-, MSA 3.548(101) et seq., on defendant’s motion for summary disposition. We hold that the trial court properly found that plaintiff had failed to sufficiently support a prima facie case of hostile work environment with documentary evidence and therefore affirm the decision of the Court of Appeals, which upheld the findings of the trial court.

[360]*360FACTS

Plaintiff Elena Quinto was employed by defendant Cross and Peters Company, the maker of Better Made Potato Chips, for eighteen years. Plaintiffs first amended complaint sought judgment against Cross and Peters and John Kujawski, alleging that during four years at Cross and Peters, Kujawski, her supervisor, “demeaned and humiliated” and made “discriminatory decisions” concerning her that created a hostile work environment on the basis of her age, sex, and national origin. The complaint further alleged that, on one occasion, after a co-worker made obscene gestures, Kujawski asked her what happened “in a demeaning manner” and pushed her. Plaintiff was sixty years old and held the position of potato chip inspector when she left defendant’s employ.

Plaintiff filed a two-count complaint against Cross and Peters and Kujawski.1 In her first count, she alleged an assault and battery by Kujawski. The second count alleged that defendant created a hostile work environment by demeaning and humiliating her in violation of the Civil Rights Act, MCL 37.2101 et seq.\ MSA 3.548(101) et seq. Summary disposition was requested on behalf of both Cross and Peters and Kujawski on both counts. The trial judge stated that the two dispositive questions were whether plaintiff’s intentional tort claim was barred by the exclusive remedy provision of the Worker’s Disability Compensation Act, MCL 418.131; MSA 17.237(131), and whether plaintiff had established a prima facie case of age, sex; or national origin discrimination.

[361]*361The trial court ultimately held that no intentional tort existed to take count I, plaintiffs assault and battery claim against defendant Cross and Peters, outside the worker’s compensation act because “[t]he evidence . . . does not establish that Defendant, Cross and Peters, her employer, had actual knowledge that any injury was certain to occur . . . Summary disposition was denied with respect to Kujawski. Regarding count n, the discrimination claim, the trial court found that, accepting plaintiff’s allegations of harassment as true, there were no specific facts in plaintiff’s affidavit sufficiently severe or pervasive to create a question of fact regarding Cross and Peters’ creation of a hostile work environment.

The Court of Appeals affirmed the lower court in an unpublished memorandum opinion.2 Plaintiff appealed to this Court. We granted leave, limited to the issue whether the trial court erred in granting summary disposition on plaintiff’s claim of discrimination under the Civil Rights Act with regard to Cross and Peters. 448 Mich 868 (1995).

i

MCR 2.116 is modeled in part on Rule 56(e) of the Federal Rules of Civil Procedure. As pointed out by Justice Brennan in Celotex v Catrett, 477 US 317; 106 S Ct 2548; 91 L Ed 2d 265 (1986), the initial burden of production is on the moving party, and the moving party may satisfy the burden in one of two ways.3

[362]*362First, the moving party may submit affirmative evidence that negates an essential element of the nonmoving party’s claim. Second,, the moving party may demonstrate to the court that the nonmoving party’s evidence is insufficient to establish an essential element of the nonmoving party’s claim. If the nonmoving party cannot muster sufficient evidence to make out its claim, a trial would be useless and the moving party is entitled to summary judgment as a matter of law. [477 US 331 (citations omitted).]

In reviewing a motion for summary disposition brought under MCR 2.116(C)(10), a trial court considers affidavits, pleadings, depositions, admissions, and documentary evidence filed in the action or submitted by the parties, MCR 2.116(G)(5), in the light most favorable to the party opposing the motion. A trial court may grant a motion for summary disposition under MCR 2.116(C)(10) if the affidavits or other documentary evidence show that there is no genuine issue in respect to any material fact, and the moving party is entitled to judgment as a matter of law. MCR 2.116(C)(10), (G)(4).

In presenting a motion for summary disposition, the moving party has the initial burden of supporting its position by affidavits, depositions, admissions, or other documentary evidence. Neubacher v Globe Furniture Rentals, 205 Mich App 418, 420; 522 NW2d 335 (1994). The burden then shifts to the opposing party to establish that a genuine issue of disputed fact exists. Id. Where the burden of proof at trial on a dis-positive issue rests on a nonmoving party, the non-moving party may not rely on mere allegations or denials in pleadings, but must go beyond the pleadings to set forth specific facts showing that a genuine issue of material fact exists. McCart v J Walter Thompson, 437 Mich 109, 115; 469 NW2d 284 (1991). [363]*363If the opposing party fails to present documentary evidence establishing the existence of a material factual dispute, the motion is properly granted. McCormic v Auto Club Ins Ass’n, 202 Mich App 233, 237; 507 NW2d 741 (1993).

Plaintiff alleged that her supervisor, John Kujawski, created a hostile work environment contrary to the Civil Rights Act, MCL 37.2101 et seq.] MSA 3.548(101) et seq., by “continually” demeaning her in front of coemployees. Although the main thrust of defendant’s initial motion was the exclusive remedy issue, defendant also briefly addressed the hostile work environment claim. Plaintiff’s brief in reply responded to defendant’s claim that summary disposition should be granted in respect to the discrimination claim. Defendant’s responsive brief asserted that plaintiff had failed to provide specific facts to support allegations of discriminatory treatment. It referenced exhibits, attached deposition testimony4 and other evidence that

refutes Plaintiff’s claims of alleged discrimination by Defendant Kujawsld resulting in the creation of a hostile working environment. Plaintiff has come forth with no evidence to establish a genuine issue of factual dispute; therefore, Defendant’s motion for Summary Disposition should be granted.

[366]*366Whatever the procedural peculiarities of the prior pleading and responses, it is clear that at the time of hearing on November 1, 1991, the parties knew that the civil rights claim was in issue. After the hearing and before the decision, plaintiff filed a reply brief and an affidavit in support, disputing the credibility of the deposition testimony regarding whether Ms. Quinto had been pushed by her supervisor. The affidavit5 also contained allegations regarding plaintiffs discrimination claim, stating in pertinent part:

[367]*3679. . . .

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Bluebook (online)
547 N.W.2d 314, 451 Mich. 358, 1996 Mich. LEXIS 1001, 68 Empl. Prac. Dec. (CCH) 44,173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinto-v-cross-and-peters-co-mich-1996.