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SMEESTER v. PUB-N-GRUB, INC.

Docket No. 165882.

208 Mich. App. 308 (1995)

527 N.W.2d 5

SMEESTER v. PUB-N-GRUB, INC.

Michigan Court of Appeals.

Decided January 17, 1995, at 9:10 A.M.

Attorney(s) appearing for the Case

Green, Renner, Weisse, Rettig, Rademacher & Clark, P.C. (by Richard C. Clark), for the plaintiff.

Stupak & Bergman, P.C. (by Frank A. Stupak), for the defendant.

Before: GRIBBS, P.J., and MICHAEL J. KELLY and GRIFFIN, JJ.

ON REMAND

GRIBBS, P.J.

Previously, this Court held that both common-law damages and defenses not abolished by statute were available in a civil action under § 641(2) of the Worker's Disability Compensation Act (WDCA), MCL 418.641(2); MSA 17.237(641)(2), when an employee sues an employer for an injury such that, had the employer been insured as required by §§ 171 and 611 of the WDCA, MCL 418...

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