Burden v. Elias Bros. Big Boy Restaurants

Plaintiffs* 1 appeal as of right from the summary dismissal of their slander action pursuant to MCR 2.116(C)(10). 2 We reverse and remand.

The following facts are not in dispute. Plaintiffs, uniformed People Mover Transit police officers, entered Elias Brothers Big Boy Restaurants’ (hereafter defendant) restaurant intending to dine. While being escorted to their table, defendant Darryll Smith, an assistant manager of the restaurant, pointed at plaintiffs and stated that they had been in the restaurant on the previous day. When plaintiffs acknowledged that they had been in the restaurant on the…