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MICHAEL MENZEL, Plaintiff-Appellee, v. LIGHT METALS CORPORATION, Defendant-Appellant.

COA: 218614, Kent CC: 97-07733-NO

On order of the Court, the application for leave to appeal from the August 15, 2000 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment and REINSTATE the final judgment of the circuit court. Plaintiff did not provide sufficient proof that the employer had actual knowledge that injury was certain to occur. Travis vDreis Krump Manufacturing Co, 453 Mich. 149 (1996); Gray v Morley (After Remand), 460 Mich. 738 (1999).

CAVANAGH and KELLY, JJ., would deny leave to appeal.

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MENZEL v. LIGHT METALS CORP
(May 15, 2001)