From Casetext: Smarter Legal Research

Thomai v. Miba Hydramechanica Corp.

Michigan Supreme Court Lansing, Michigan
Jun 18, 2014
SC: 148373 (Mich. Jun. 18, 2014)

Opinion

SC: 148373 COA: 310755 Macomb CC: 2011-001947-NO

06-18-2014

NAUM THOMAI and ZHULIETA THOMAI, Plaintiffs-Appellees, v. MIBA HYDRAMECHANICA CORPORATION and CORPORATIONS X and Y, Defendants-Appellants.


Order

Robert P. Young, Jr.,

Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano,

Justices

On order of the Court, the application for leave to appeal the November 14, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the Macomb Circuit Court's May 24, 2012 judgment for the defendants. The trial court did not abuse its discretion in limiting discovery where the plaintiffs had seven months of unfettered discovery and, in lieu of granting summary disposition to the defendants, the trial court permitted additional discovery limited to evidence that would support a prima facie case under the intentional tort exception to the exclusive remedy provision of the worker's disability compensation act, MCL 418.131(1). Nor did the trial court err in its understanding of the legal elements of the intentional tort exception. There is simply no evidence in the record to establish that the defendants wilfully disregarded knowledge that an injury was certain to occur to the plaintiff from his operation of the grooving machine.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

__________

Clerk


Summaries of

Thomai v. Miba Hydramechanica Corp.

Michigan Supreme Court Lansing, Michigan
Jun 18, 2014
SC: 148373 (Mich. Jun. 18, 2014)
Case details for

Thomai v. Miba Hydramechanica Corp.

Case Details

Full title:NAUM THOMAI and ZHULIETA THOMAI, Plaintiffs-Appellees, v. MIBA…

Court:Michigan Supreme Court Lansing, Michigan

Date published: Jun 18, 2014

Citations

SC: 148373 (Mich. Jun. 18, 2014)