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KUHLGERT v. MICHIGAN STATE UNIVERSITY

Nos. 332442; 338363, No. 344533.

937 N.W.2d 716 (2019)

328 Mich. App. 357

Sebastian KUHLGERT, Conservator of Elisabeth Ostendorf, Plaintiff-Appellee, v. MICHIGAN STATE UNIVERSITY, and Board of Trustees of Michigan State University, Defendants, and United Educators, Intervening Defendant-Appellant. Elisabeth Ostendorf, Plaintiff-Appellee, and United Educators, Intervening Plaintiff-Appellant, and State Farm Mutual Automobile Insurance Company, Intervening Plaintiff, v. Michigan State University, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 21, 2019, 9:15 a.m.

Attorney(s) appearing for the Case

Collins Einhorn Farrell PC, Southfield (by Michael J. Cook , Deborah A. Hebert , and Richard A. Joslin ) for United Educators in Docket No. 332442.

Fraser Trebilcock Davis & Dunlap, PC, Lansing (by Graham K. Crabtree ), Kitch Drutchas Wagner Valitutti & Sherbrook, Detroit (by Christina A. Ginter ), and Dawda Mann Mulcahy & Sadler PLC, Bloomfield Hills (by Adam Kutinsky ) for Michigan State University and the Board of Trustees of Michigan State University in Docket No. 332442.

Sinas, Dramis, Larkin, Graves & Waldman, PC, Lansing (by George T. Sinas , Michael E. Larkin , and Joel T. Finnell ) for Elisabeth Ostendorf.

Collins Einhorn Farrell PC, Southfield (by Michael J. Cook , Deborah A. Hebert , and Richard A. Joslin ) and Bursch Law PLLC, Caledonia (by John J. Bursch ) for United Educators in Docket No. 338363.

Fraser Trebilcock Davis & Dunlap, PC, Lansing (by Graham K. Crabtree ) for Michigan State University and the Board of Trustees of Michigan State University in Docket No. 338363.

Collins Einhorn Farrell PC, Southfield (by Deborah A. Hebert and Richard A. Joslin ) and Bursch Law PLLC (by John J. Bursch ) for United Educators in Docket No. 344533.

Fraser Trebilcock Davis & Dunlap, PC, Lansing (by Anita G. Fox ) for Michigan State University in Docket No. 344533.

Before: Swartzle, P.J., and Cavanagh and Cameron, JJ.

Elisabeth Ostendorf, a German national, suffered injuries when a truck owned by Michigan State University (MSU) struck her as she was walking on campus; these consolidated appeals all concern whether the injuries triggered the exclusive-remedy provision of the Worker's Disability Compensation Act (WDCA), MCL 418.101 et seq. See...

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