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ALLEN v. GARDEN ORCHARDS, INC

Docket No. 87059, (Calendar No. 8).

437 Mich. 417 (1991)

471 N.W.2d 352

ALLEN v. GARDEN ORCHARDS, INC

Supreme Court of Michigan.

Decided July 2, 1991.

Attorney(s) appearing for the Case

Peterson, Beauchamp, Degrand, Reardon & Hall, P.C. (by John R. Beauchamp), for the plaintiff.

O'Neill, Wallace & Doyle, P.C. (by David A. Wallace and David Carbajal), for the defendant.

Amicus Curiae:

Mark Granzotto, Monica Farris Linkner, and Charles P. Burbach for the Michigan Trial Lawyers Association.

LEVIN, J.

This wrongful death action was commenced by Lucille R. Allen, as personal representative of her deceased husband, Ray F. Allen, after she had, as his widow, entered into a redemption agreement respecting Garden Orchards, Inc.'s, liability under the workers' compensation act. The Court of Appeals held that Lucille R. Allen's "acceptance of the redemption agreement" equitably estopped her from maintaining this action in tort.1...

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