PAULETTE KARSCHNICK V STATE-WIDE EXCAVATING INC
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PAULETTE KARSCHNICK, as Personal
Representative of the Estate of GORDON
KARSCHNICK, Deceased,
UNPUBLISHED
May 21, 1999
Plaintiff-Appellee,
v
STATE WIDE EXCAVATING, INC.,
No. 203095
Wayne Circuit Court
LC No. 95-505843 NO
Defendant-Appellant.
Before: Saad, P.J., and Murphy and O’Connell, JJ.
MURPHY, J. (concurring in part and dissenting in part).
I do not disagree with my colleagues’ conclusion that, on this record, application of the
economic-reality test results in a finding that plaintiff’s claim against defendant State Wide Excavating,
Inc., is barred by the exclusive remedy provision of the Worker’s Disability Compensation Act
(WDCA), MCL 418.131; MSA 17.237(131). However, in lieu of reversing, I would remand this case
to the trial court with instructions that it allow plaintiff to engage in additional discovery relative to
plaintiff’s decedent’s employment status with defendant. I am persuaded by plaintiff’s representation
that in light of the deposition testimony of Charles Gross, co-owner of both defendant and Mid-Way
Equipment Company, in which Gross stated that plaintiff’s decedent was employed by Mid-Way and
that defendant owned the instrument that allegedly caused plaintiff’s decedent’s death, as well as the
parties’ stipulation to dismiss Mid-Way from the lawsuit following Gross’ deposition testimony, plaintiff
abandoned all discovery relative to plaintiff’s decedent’s employment status with defendant.
Fundamental fairness demands that discovery should be re-opened so that plaintiff can adequately
explore plaintiff’s decedent’s employment status with defendant for purposes of the exclusive remedy
provision of the WDCA.
/s/ William B. Murphy
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
