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ROBARDS v. ESTATE OF KANTZLER

Docket No. 78-4072.

98 Mich. App. 414 (1980)

296 N.W.2d 265

ROBARDS v. ESTATE OF LEOPOLD J KANTZLER

Michigan Court of Appeals.

Decided July 1, 1980.

Attorney(s) appearing for the Case

James S. Miner, II, for plaintiff.

Learman, Peters & Sarow (by John J. McQuillan), for defendant.

Before: MacKENZIE, P.J., and BASHARA and D.C. RILEY, JJ.

BASHARA, J.

This case presents an issue of first impression in this state. Does the dual capacity doctrine permit an employee, injured in the course of his employment by a machine leased to the employer by a fellow employee, to state a claim otherwise barred by the exclusive remedy and coemployee immunity provisions of the Workmen's Compensation Act (hereinafter the Act)? MCL 418.131; MSA 17.237(131), MCL 418.827; MSA 17.237(827). The trial court held that plaintiff...

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