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REED v. YACKELL

Docket No. 126534. COA. No. 4.

703 N.W.2d 1 (2005)

473 Mich. 520

Ricky REED, Plaintiff-Counter-Defendant-Appellee, v. Linda Susan YACKELL, Defendant and Cross-Defendant, and Buddy Lee Hadley, Gerald Michael Herskovitz and Mr. Food, Inc., Defendants, Counter-Plaintiffs, Cross-Plaintiffs-Appellants.

Supreme Court of Michigan.

Decided July 28, 2005.

Attorney(s) appearing for the Case

John Carlisle, Grosse Pointe, MI, and Law Offices of Larry A. Smith (by Larry A. Smith), Southfield, MI, for the plaintiff.

Vandeveer Garzia, P.C. (by Hal O. Carroll), Troy, MI, for Buddy Lee Hadley, Gerald Michael Herskovitz, and Mr. Food, Inc.

Martin L. Critchell, Detroit, MI, for amicus curiae the Workers' Compensation Section of the State Bar of Michigan.

TAYLOR, C.J.

We granted leave in this case to determine whether plaintiff, Ricky Reed, who was fired from defendant Mr. Food, Inc., but continued to assist with deliveries on a periodic basis, was an employee of Mr. Food within the meaning of MCL 418.161(1)(l) and (n) of the Worker's Disability Compensation Act (WDCA)1 and, thus, prohibited from maintaining a tort action for employment-related personal injury in the circuit court...

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