RICHARD H ACKERMAN V GENERAL MOTORS CORP

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STATE OF MICHIGAN COURT OF APPEALS RICHARD H. ACKERMAN, JUDITH K. ACKERMAN, and DEANNA ACKERMAN, UNPUBLISHED January 14, 1997 Plaintiffs-Appellants, v No. 199647 GENERAL MOTORS CORPORATION, Saginaw Circuit Court LC No. 87-027963 ON REMAND Defendant-Appellee. Before: Markman, P.J., and Murphy and Hoekstra, JJ. MEMORANDUM. Pursuant to an order of remand from our Supreme Court, we have reconsidered our decision in Ackerman v General Motors Corp, unpublished opinion memorandum of the Court of Appeals, issued 01/23/96 (Docket No. 168126) in light of the Supreme Court’s recent decision in Travis v Dreis & Krump Mfg Co, 453 Mich 149; 551 NW2d 132 (1996). We again affirm the trial court’s grant of summary disposition. As stated in our previous decision, we believe that plaintiffs here cannot show that defendant specifically intended an injury. Plaintiffs cannot prove that defendant had actual knowledge that an injury was certain to occur and that defendant willfully disregarded that knowledge. Like the plaintiff in Travis, plaintiffs in the instant case can at most show that defendant’s negligence or recklessness led to the injury at issue, which is insufficient to establish a prima facie case of intentional tort. Affirmed. /s/ Stephen J. Markman /s/ William B. Murphy /s/ Joel P. Hoekstra -1

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