Michael D. Wilson v. Acacia Park Cemetery Book Reviews

Michael D. Wilson v. Acacia Park Cemetery by Court of Appeals of Michigan Book Summary

In Docket No. 90689, plaintiff appeals from a circuit court order granting summary Disposition to defendant Acacia Park Cemetery Association. In Docket No. 90851, Acacia Park appeals from the circuit court's order granting summary Disposition of Acacia Park's third-party claim for idemnification or contribution against plaintiff's collective bargaining agent, the United Steelworkers of America. We affirm the circuit court decision to grant summary Disposition to Acacia Park in Docket No. 90689. Because our holding affirms a judgment absolving Acacia Park from liability, we do not address the merits of the idemnification and contribution claims asserted in Docket No. 90851, which is also affirmed. This case arose from Acacia Park's decision to terminate plaintiff's employment as a groundkeeper. On April 9, 1980, plaintiff sustained a back injury in the course of his duties as a volunteer fireman. He was hospitalized, and a laminectomy was performed. This injury disabled plaintiff from his employment with Acacia Park, although plaintiff alleged in his complaint that he was fit to return to work as of September 1, 1981. Acacia Park notified plaintiff on July 13, 1981, that plaintiff's name had been eliminated from company employment records and that plaintiff could not return to his job unless he reapplied and submitted documentation of his medical fitness.

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