Order Michigan Supreme Court
Lansing, Michigan
April 25, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151790 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
MARK A. ROSEMAN and LUZATER Justices
ROSEMAN,
Plaintiffs-Appellees,
v SC: 151790
COA: 314650
Wayne CC: 11-011214-NO
CITY OF DETROIT,
Defendant,
and
MUKASH PATEL, DENNIS STOKES, and
WILLIAM McPHERSON
Defendants-Appellants.
_________________________________________/
By order of February 5, 2016, the parties were directed to file supplemental briefs
addressing whether the plaintiffs’ claims are barred by the exclusive remedy provision of
the Worker’s Disability Compensation Act (WDCA). On order of the Court, the
supplemental briefs having been received, the application for leave to appeal the May 7,
2015 judgment of the Court of Appeals is again considered and, pursuant to MCR
7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court
of Appeals and we REMAND this case to the Wayne Circuit Court for the court to
consider whether it has subject matter jurisdiction to hear the plaintiffs’ claims pursuant
to MCL 418.131(1) and MCL 418.827(1).
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.
April 25, 2016
s0414
Clerk