Opinion
Nos. 111952, 111953.
May 26, 1999.
In lieu of granting leave to appeal, the judgement of the Court of Appeals and the Wayne Circuit Court are affirmed, but the Court expressly disavows the analysis which formed the basis for concluding that summary disposition in favor of the defendants was appropriate. MCR 7.302(F)(1). In this lawsuit brought by employees against their employer, both lower courts found that the defendants were entitled to summary disposition, bases on the application of the fireman's rule. In circumstances where and employee sues his employer for mere negligence, the fireman's rule is simply not applicable. Here, the employee's exclusive remedy is worker's compensation. Thus, for the reason articulated by this Court, summary disposition in favor of the defendants was appropriate. In all other respects leave to appeal and to appeal as cross-appellants are denied. Reported below: 224 Mich app 422.
Summary dispositions May 26, 1999.