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CLARK v. UNITED TECHNOLOGIES AUTOMOTIVE

Docket No. 108820, Calendar No. 1.

594 N.W.2d 447 (1999)

459 Mich. 681

Beotis CLARK, Jr., and Mia L. Clark, as husband and wife, Plaintiffs-Appellants, v. UNITED TECHNOLOGIES AUTOMOTIVE, INC., a Delaware corporation; Rousselle Corporation, an Illinois corporation, Presses, Inc., an Illinois corporation; and Rogers Corporation, a Massachusetts corporation, Defendants, Kenneth L. Herzhaft and Marlene L. Herzhaft, doing business as Lincoln Engineering Company. Defendants-Appellees.

Supreme Court of Michigan.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Davis & Kuhnke, P.C. (by Peter A. Davis), Ann Arbor, and Fajen & Miller, P.L.L.C. (by Nelson P. Miller), Grand Haven, for plaintiffs-appellants.

Sullivan, Ward, Bone, Tyler & Asher, P.C. (by Ronald S. Lederman), Southfield, for defendants-appellees.

Opinion

TAYLOR, J.

This case presents the issue whether defendants Kenneth and Marlene Herzhaft, doing business as Lincoln Engineering Company, were employers of plaintiff Beotis Clark, Jr., at the time of plaintiff's injury and therefore entitled to assert the exclusive remedy provision of the Worker's Disability Compensation Act, M.C.L. § 418.131; MSA 17.237(131), as a defense to a tort action brought by plaintiff. Applying the economic realities...

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