Order Michigan Supreme Court
Lansing, Michigan
June 18, 2014 Robert P. Young, Jr.,
Chief Justice
148373 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
NAUM THOMAI and ZHULIETA THOMAI, David F. Viviano,
Plaintiffs-Appellees, Justices
v SC: 148373
COA: 310755
Macomb CC: 2011-001947-NO
MIBA HYDRAMECHANICA CORPORATION
and CORPORATIONS X and Y,
Defendants-Appellants.
_________________________________________/
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.
June 18, 2014
t0611
Clerk