Temple v. H J Heinz Co.

Plaintiff was injured on August 6, 1984, while in the course of his employment with the defendant. Relying on the "substantial certainty” standard articulated in Beauchamp v Dow Chemical Co, 427 Mich 1; 398 NW2d 882 (1986), plaintiff filed a complaint on May 7, 1987, alleging an intentional tort. On May 14, 1987, the Legislature, in 1987 PA 28, amended the exclusive remedy provision of the Workers’ Disability Compensation Act, MCL 418.131; MSA 17.237 (131), which effectively reversed Beauchamp. Defendant then moved for summary disposition arguing that the amendment should be given…