MERRIANNE WEBERG V RANDY FRANKS
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STATE OF MICHIGAN
COURT OF APPEALS
MERRIANNE WEBERG, DOUGLAS WILFRED
WEBERG, DOUGLAS EDWARD WEBERG,
DARRELL JAMES WEBERG and BRANDON
GEORGE WEBERG,
UNPUBLISHED
February 2, 2001
Plaintiffs-Appellants,
v
No. 218043
Wayne Circuit Court
LC No. 98-813245-NO
RANDY FRANKS, MARK SIMONS and
KENNY ROBINSON,
Defendants-Appellees.
Before: Collins, P.J., and Doctoroff and White, JJ.
PER CURIAM.
Plaintiffs appeal as of right from the trial court’s order granting defendants’ motion for
summary disposition. We affirm. This appeal is being decided without oral argument pursuant
to MCR 7.214(E).
This is the third case that plaintiffs have filed alleging that Merrianne Weberg, a white
female and former employee of the Michigan Department of Corrections (DOC), was
discriminated against on the basis of her race during the course of her employment, and
constructively discharged. Plaintiffs previously filed suit in the United States District Court for
the Eastern District of Michigan, naming among the defendants DOC employees Franks and
Robinson, and in the Court of Claims, naming as defendants the State of Michigan and the DOC.
The federal suit was dismissed; however, that decision has since been reversed. The Court of
Claims granted summary disposition of some claims pursuant to MCR 2.116(C)(10), and granted
summary disposition of plaintiffs’ claims of intentional discrimination in violation of the ElliottLarsen Civil Rights Act (ELCRA), MCL 37.2101 et seq.; MSA 3.548(101) et seq., and loss of
consortium on the ground that they were precluded by collateral estoppel because they had been
alleged in the dismissed federal action.
This suit alleged disparate treatment racial discrimination, disparate impact racial
discrimination, intentional racial discrimination, hostile work environment based on race, and
retaliation, all in violation of the ELCRA, ethnic intimidation in violation of MCL 750.147b;
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MSA 28.344(2), and loss of consortium. Defendants moved for summary disposition pursuant to
MCR 2.116(C)(7), arguing that plaintiffs’ claims were barred by collateral estoppel because they
mirrored the claims raised in the case dismissed by the Court of Claims. The trial court granted
the motion.
Plaintiffs argue that the trial court erred by granting defendants’ motion for summary
disposition. We review a trial court’s decision on a motion for summary disposition de novo.
Harrison v Olde Financial Corp, 225 Mich App 601, 605; 572 NW2d 679 (1997). Collateral
estoppel precludes the relitigation of an issue in a subsequent, different cause of action between
the same parties or their privies when the prior proceeding culminated in a valid, final judgment
and the issue was actually and necessarily determined in the prior proceeding. Dearborn Heights
School Dist No 7 v Wayne County MEA/NEA, 233 Mich App 120, 124; 592 NW2d 408 (1998).
As a general rule, mutuality of estoppel is a necessary element of collateral estoppel. Barrow v
Pritchard, 235 Mich App 478, 480-481; 597 NW2d 853 (1999). Estoppel is mutual if the one
taking advantage of the earlier adjudication would have been bound by it had it gone against him.
Id.
Plaintiffs assert that at a minimum, the claim of hostile work environment cannot be
precluded by collateral estoppel because it was not alleged in the federal action or actually
litigated in the Court of Claims. We disagree. The trial court’s conclusion that plaintiffs’ claims
were barred by collateral estoppel was based on the nature of the claims asserted in their final
resolution in the Court of Claims, not in the federal action as plaintiffs allege. The Court of
Claims granted summary disposition of plaintiffs’ hostile work environment claim pursuant to
MCR 2.116(C)(10). The fact that the elements of a claim of racial discrimination, like that
alleged in the federal action, differ from the elements of a claim of hostile work environment,
like that asserted in the Court of Claims action, does not mandate a conclusion that the trial court
in the instant case erred by granting defendants’ motion for summary disposition based on
collateral estoppel. The Court of Claims’ dismissal of the hostile work environment claim via
summary disposition constituted a decision on the merits for purposes of application of collateral
estoppel. Detroit v Qualls, 434 Mich 340, 356 n 27; 454 NW2d 374 (1990).
An exception to the mutuality requirement provides that collateral estoppel can be raised
in a defensive manner by a defendant in a subsequent action if that defendant and the defendant
in the previous action had a special relationship, the culpability of one of the parties is premised
on the liability of the other party, and one of the two parties was exonerated in the previous
action. Bigelow v Old Dominion Copper Mining & Smelting Co, 225 US 111, 127-128; 32 S Ct
641; 56 L Ed 1009 (1912); Couch v Schultz, 176 Mich App 167, 169-173; 439 NW2d 296
(1989); Braxton v Litchalk, 55 Mich App 708, 720-721; 223 NW2d 316 (1974). The individual
defendants in the instant action have a special relationship with the DOC, a defendant in the
Court of Claims action, in that they are employees of the DOC. The exoneration of the
defendants in the Court of Claims action was based on the conclusion that no question of fact
existed as to whether their employees engaged in actions for which the defendants could be held
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liable. Thus, the liability of the defendants in the instant case was necessarily determined in the
Court of Claims case. Bigelow, supra, Couch, supra, and Braxton, supra, support the application
of collateral estoppel in this case.
Affirmed.
/s/ Jeffrey G. Collins
/s/ Martin M. Doctoroff
/s/ Helene N. White
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