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HERBOLSHEIMER v. SMS HOLDING CO., INC.

Docket No. 204631.

608 N.W.2d 487 (2000)

239 Mich. App. 236

Jenee S. HERBOLSHEIMER, Personal Representative of the Estate of Royce S. Herbolsheimer, Deceased, Plaintiff-Appellee, v. SMS HOLDING COMPANY, INC. and Saginaw Machine Systems, Inc., Defendants-Appellants, and Collins & Aikman Products Company, Defendant, and Michigan Manufacturers Association, Amicus-Curiae.

Court of Appeals of Michigan.

Decided January 4, 2000, at 9:05 a.m.

Released for Publication April 4, 2000.

Attorney(s) appearing for the Case

Grimaldi, Vary, Pearson & Weyand, P.C. (by William S. Pearson and Karl J. Weyand, Jr.), Saginaw, for Jenee S. Herbolsheimer.

Williams, Williams, Ruby & Plunkett, P.C. (by John W. Griffen, Jr., and Jennifer M. Chapla), Birmingham, for SMS Holding Company, Inc., and Saginaw Machine Systems, Inc.

Clark Hill P.L.C. (by Duane L. Tarnacki and J. Walker Henry), Detroit, for amicus curiae Michigan Manufacturers Association.

Before: MARKMAN, P.J., and HOEKSTRA and ZAHRA, JJ.

MARKMAN, P.J.

This case presents a question of first impression in Michigan. We are asked to decide whether an employee can sue his employer—as a successor in liability—in a third-party lawsuit under Michigan's Worker's Disability Compensation Act (WDCA). We are also asked to consider whether plaintiff can bring her suit against a company that holds all the stock in the employer company. The trial court denied...

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