Zausmer associate Erin Katz recently had an outstanding victory for our client in the U.S. District Court for the Eastern District of Michigan.
The plaintiff’s decedent was electrocuted during the course and scope of his employment as an electrical lineman. The plaintiff alleged that the decedent’s employer, an electrical utility contractor, had actual knowledge that a serious injury or death was certain to occur and willfully disregarded that knowledge. Thus, the plaintiff claimed damages against the employer in excess of $15 million as a result of the decedent’s accidental death.
After Erin filed a motion for summary judgment on behalf of the employer, the court granted her client’s motion and dismissed the plaintiff’s case. The court held that the plaintiff failed to meet the intentional tort threshold in order to overcome the exclusive remedy under Michigan’s Workers’ Disability Compensation Act.