Johnson v. Detroit Edison Co.

This action requires us to determine whether plaintiffs, Sandra Johnson and Hiram Jones, proffered sufficient circumstantial evidence that defendant, Detroit Edison Company, committed an intentional tort under the exception to the exclusive remedy of the Worker’s Disability Compensation Act (WDCA) found in MCL 418.131(1). For the purpose of summaiy disposition, we conclude that plaintiffs met their burden. Specifically, we hold that a jury may conclude that an employer knew an injury was “certain to occur” under MCL 418.131(1) if a plaintiff can show that (1) the employer subjected the…