Summary
In Menzel v. Light Metals Corp., 464 Mich. 853, 627 N.W.2d 601 (2001), the court summarily reversed and granted summary judgment where the employer knew that a press was double cycling and that a safety device had failed.
Summary of this case from Howard-Johnson v. V & S Detroit Galvanizing, LLCOpinion
No. 118018.
May 15, 2001.
COA: 218614, Kent CC: 97-07733-NO
On order of the Court, the application for leave to appeal from the August 15, 2000 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment and REINSTATE the final judgment of the circuit court. Plaintiff did not provide sufficient proof that the employer had actual knowledge that injury was certain to occur. Travis vDreis Krump Manufacturing Co, 453 Mich. 149 (1996); Gray v Morley (After Remand), 460 Mich. 738 (1999).
CAVANAGH and KELLY, JJ., would deny leave to appeal.