Herbolsheimer v. SMS Holding Co., Inc.

This case presents a question of first impression in Michigan. We are asked to decide whether an employee can sue his employer — as a successor in liability — in a third-party lawsuit under Michigan’s Worker’s Disability Compensation Act (wdca). We are also asked to consider whether plaintiff can bring her suit against a company that holds all the stock in the employer company. The trial court denied defendants’ motion for summary disposition with respect to both of these issues, and we granted defendants leave to bring this appeal.1 We reverse.

The parties agree on the essential facts. Royce…