Emmett Foster and Peggy Foster v. Caterpillar Tractor Company, a California Corporation and Gould, Inc., a Delaware Corporation

Emmett Foster and his wife appeal a judgment in favor of appellees Caterpillar Tractor Company (“Caterpillar”) and Gould, Inc. (“Gould”) following a jury trial. Because of the Michigan Supreme Court’s subsequent and specific rejection of language in an intermediate appellate court decision upon which the trial court relied, we are obliged to reverse and remand. Owens v. Allis-Chalmers Corp., 414 Mich. 413, 326 N.W.2d 372 (1982), aff’g (on alternate grounds) Owens v. Allis-Chalmers Corp., 83 Mich.App. 74, 268 N.W.2d 291 (1978).

While in the course of his employment with Ministrelli Construction…