SCOTT GRAY V KEVIN CHARLES MORLEY
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STATE OF MICHIGAN
COURT OF APPEALS
SCOTT GRAY,
UNPUBLISHED
August 19, 1997
Plaintiff-Appellant,
v
No. 201784
Kalamazoo Circuit Court
LC No. 93-001305-NI
KEVIN CHARLES MORLEY,
Defendant-Appellee.
ON REMAND
Before: Cavanagh, P.J., and Holbrook, Jr., and Jansen, JJ.
MEMORANDUM.
This case is before us on remand from the Supreme Court for reconsideration in light of Travis
v Dreis & Krump Mfg Co, 453 Mich 149; 551 NW2d 132 (1996). We affirm.
Having considered the holding in Travis and viewing the evidence in a light most favorable to
plaintiff, we reaffirm our previous conclusion that plaintiff established only that defendant, his employer,
was negligent in causing his injury. Id.; Pawlak v Redox Corp, 182 Mich App 758, 768; 453 NW2d
304 (1990). There was simply no evidence that defendant specifically intended to injure plaintiff or that
defendant had “actual knowledge that an injury was certain to occur and willfully disregarded that
knowledge.” MCL 418.131(1); MSA 17.237(131(1); Travis, supra. Summary disposition was
therefore properly granted to defendant by the trial court.
Affirmed.
/s/ Mark J. Cavanagh
/s/ Donald E. Holbrook, Jr.
/s/ Kathleen Jansen
-1
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