Experience, expertise and common sense.
Premises Liability / December 9, 2016
Court/Case No: Macomb County Circuit Court/2016-1819-NI
Tried/Argued Before: Judge
Name of Judge(s): Honorable James Biernat, Jr.
Keys to the Case:
Plaintiff sued her employer in connection with a slip and fall on ice in the employee parking lot on her way into work. Plaintiff previously made a claim under the Workers’ Disability Compensation Act, the parties agreed to redeem liability, and Plaintiff agreed to an express waiver and release for all claims arising out of or in connection with her employment by the restaurant. Plaintiff argued the Dual-Persona Doctrine, which allows an employee to bring a civil action against an employer for a work-related injury despite the exclusive remedy provision of the WDCA.
The Court correctly ruled in favor of Grand Dimitre’s, holding that the Dual-Persona Doctrine does not apply in circumstances where Plaintiff’s claim is essentially that Defendant failed to provide a safe working environment. An application of the doctrine in such circumstances would broaden the exception to such an extent that it would engulf the exclusive remedy provision. As such, the Court granted the restaurant’s Motion for Summary Disposition.
Defense SW attorney(s) Involved in Case: