RONNIE WINEGAR V E W BLISS CO
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STATE OF MICHIGAN
COURT OF APPEALS
RONNIE WINEGAR,
UNPUBLISHED
December 30, 1997
Plaintiff-Appellant,
v
No. 197221
Oakland Circuit Court
LC No. 95-500524 NI
E.W. BLISS COMPANY, INC.,
Defendant,
and
DAKO INDUSTRIES, INC.,
Defendant-Appellee.
Before: Griffin, P.J., and Markman and Whitbeck, JJ.
MEMORANDUM.
Plaintiff appeals by right summary disposition in favor of defendant Dako Industries, Inc., his
employer, based on the exclusive remedy provision of the Worker’s Disability Compensation Act,
MCL 418.131(1); MSA 17.237(131)(1). We decide this appeal without oral argument pursuant to
MCR 7.214(E).
Plaintiff was injured when his gloved hand slipped into the gears of a press while he was using
manual tools and leverage to free a jammed press ram with the assistance of his supervisor. Plaintiff had
performed a similar operation on eight previous occasions with the same assistance and the same
machine, without injury or even mishap. Plaintiff has submitted the affidavit of an expert asserting that
injury was “certain to occur.” This affidavit is inadequate since it merely restates the language of the
legal test and gives no scientific or factual support for its conclusion. Travis v Dreis & Krump Mfg
Co, 453 Mich 149, 175; 551 NW2d 132 (1996). The facts of the case fail to rise to the level of
intentional tort sufficient to avoid the bar of the exclusive remedy provision. Travis, supra at 176, 182.
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Affirmed.
/s/ Richard Allen Griffin
/s/ Stephen J. Markman
/s/ William C. Whitbeck
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