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Joliff v. Detroit City Dairy9/6/2002
in the light most favorable to plaintiffs, we conclude that genuine issues of material fact remain such that summary disposition would be inappropriate. Thus, we agree with the trial court's decision to deny defendant's motion for summary disposition.
Affirmed.
Jane E. Markey
Jessica R. Cooper
HOEKSTRA, J., (dissenting).
I respectfully dissent.
In my opinion, plaintiff has failed to establish that his injury was certain to occur. As a result, the intentional tort exception to the exclusive remedy provision does not apply. MCL 418.131(1); MSA 17.237(131)(1). In light of the fact that plaintiff knew that the brakes on the pallet jack were not working properly, and knew how to slow or stop the pallet jack in the event the brakes did not work, an injury was not certain to occur.
Joel P. Hoekstra
Page 1 2 3 4 5 Michigan Personal Injury Attorneys
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