Order Michigan Supreme Court
Lansing, Michigan
July 23, 2008 Clifford W. Taylor,
Chief Justice
136324 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
WILLIE WRIGHT, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 136324
COA: 274668
Oakland CC: 2003-050906-NO
MICRO ELECTRONICS, INC.,
Defendant-Appellant,
and
TONY NUNEZ and FRANK ANGELUCCI,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the March 18, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals and we REMAND this case to the Oakland Circuit Court for reinstatement of the
circuit court’s summary disposition order. The Court of Appeals erred by reinstating the
plaintiff’s defamation and false light invasion of privacy claims where the plaintiff
consented to the ongoing posting of the allegedly offending material, Smith v Calvary
Christian Church, 462 Mich 594 (1985), and where the plaintiff admitted that the
material was intended as and was taken as a “joke” perpetrated by a co-worker. The
Court of Appeals erred by reinstating the plaintiff’s negligence and intentional infliction
of emotional distress claims, where these are personal injury claims barred by the
exclusive remedy provision of the Worker’s Disability Compensation Act, MCL
418.131(1), and the plaintiff has presented no evidence that the defendant employer
intended to injure the plaintiff or had actual knowledge that an injury was certain to occur
and willfully disregarded that knowledge. Travis v Dreis & Krump Mfg Co, 453 Mich
149 (1996).
I, Corbin R. Davis, 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.
July 23, 2008 _________________________________________
l0716 Clerk