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KIDDER v. MILLER-DAVIS CO.

Docket Nos. 105498, 103024, Calendar Nos. 8-9.

564 N.W.2d 872 (1997)

455 Mich. 25

Donald L. KIDDER and Dawn M. Kidder, Plaintiffs/Appellants, v. MILLER-DAVIS COMPANY, Defendant/Appellee. David L. WOLTHUIS and Esther Wolthuis, husband and wife, Plaintiffs/Appellants, v. MILLER-DAVIS COMPANY, a domestic corporation, Defendant/Appellee.

Supreme Court of Michigan.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Ford, Kriekard, Domeny & Byrne, P.C. by Thomas H. Rosenhagen and David W. McMorrow, Portage, for plaintiffs/appellants Wolthuis.

Schenk, Boncher & Prasher by Frederick J. Boncher and Curtis D. Rypma, Grand Rapids, for plaintiffs/appellants Kidder.

Straub, Seaman & Allen, P.C. by John M. Donahue, St. Joseph, for defendant/appellee.

OPINION

MALLETT, Chief Justice.

We granted leave in these consolidated labor broker cases to determine whether defendant Miller-Davis is a coemployer of the plaintiffs and thus immune from tort liability under the exclusive remedy provision of the Worker's Disability Compensation Act. In both cases the Court of Appeals affirmed grants of summary disposition in favor of the defendants, holding that the defendant was a customer of Construction Labor Services...

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