Opinion
No. 128273.
May 12, 2006.
SC: 128273.
Leave to Appeal Denied.
The application for leave to appeal the February 8, 2005, judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are denied, because we are not persuaded that the questions presented should be reviewed by this Court. Reported below: 266 Mich App 1.
The Court of Appeals was correct in holding that the $100,000 cap on damages is an aggregate, rather than a per commission, maximum. It was also correct in holding that MCL 600.2961(5)(b) is ambiguous.
Although the Court of Appeals correctly held that the $100,000 cap on damages is an aggregate maximum, rather than a per commission maximum, the Court of Appeals erred in holding that MCL 600.2961(5)(b) is ambiguous. As this Court held in In re Certified Question (Kenneth Henes Special Projects v Continental Biomass Industries, Inc), 468 Mich 109, 118 (2003), MCL 600.2961(5)(b) is unambiguous. MCL 600.2961(5)(b) unambiguously provides that the principal must pay the sales representative, "[i]f the principal is found to have intentionally failed to pay the commission when due, an amount equal to 2 times the amount of commissions due but not paid as required by this section or $100,000.00, whichever is less." That is, MCL 600.2961(5)(b) unambiguously provides for a $100,000 cap on damages as a whole.