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Communications Workers of America6/24/2003
r and the relevant law depends on the theory proffered for each proposed class representative and potential class member. See Neal, supra at 17-20. Moreover, two of the individual plaintiffs have aspects of their employment history that are quite unusual, i.e., Rodgers' witnessing a murder while on the job and Harrison's altercation with a woman whom he cut with a machete. Further, plaintiffs Rodgers and Harrison had last chance agreements governing their return to work, and thus individual contractual issues specific to a plaintiff will be involved for some class members. See Lee v Grand Rapids Bd of Ed, 184 Mich App 502, 505-506; 459 NW2d 1 (1989). Additionally, individualized questions exist concerning damages and mitigation, especially where one of the proposed class representatives and other potential class members are still employed at Ameritech. Given these circumstances, this Court is convinced that the case will devolve into a series of mini-trials. Courts should seek to avoid certifying a class that will "most likely splinter into an unmanageable plethora of individualized claims." See Reyes v Walt Disney World Co, 176 FRD 654, 658 (MD Florida, 1998).
On the basis of the record before us, it is evident that highly individualized questions, rather than common issues of fact or law, predominate in determining if and how the individual plaintiffs may have been discriminated against on the basis of their race due to the implementation and use of Co-Ed. It is further evident that the proposed class representatives are not typical with respect to the class that they purport to represent. Thus, we reverse the trial court's grant of class certification with respect to the African-American potential class members. A&M;Supply Co, supra.
With respect to the class certification of both the handicapped and the protesting potential class members, the trial court's opinion does not focus on either of these proffered categories and does not refer to testimony or facts regarding these categories. Under these circumstances, we find no basis on which to address this issue to any extent other than to vacate the trial court's certification of class with respect to the inclusion of these categories in the class.
Reversed in part, vacated in part, and remanded. We do not retain jurisdiction.
Joel P. Hoekstra
Richard A. Bandstra
Henry William Saad
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