LINDA COLEMAN V STATE OF MICH
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STATE OF MICHIGAN
COURT OF APPEALS
LINDA COLEMAN,
UNPUBLISHED
June 5, 2001
Plaintiff-Appellant,
v
STATE OF MICHIGAN,
Defendant-Appellee.
No. 202847
Jackson Circuit Court
LC No. 96-076996
ON REMAND
Before: Saad, P.J., and Bandstra and Neff, JJ.
MEMORANDUM
This case is on remand from our Supreme Court. On original submission, we
affirmed the trial court’s order granting summary disposition to defendant in Coleman v
State, unpublished opinion per curiam of the Court of Appeals, issued August 27, 1999
(Docket No. 202847). The Supreme Court reversed for the reasons stated in Judge
Kelly’s1 dissent in Coleman, and remanded for our consideration of vicarious liability in
light of Chambers v Trettco, Inc, 463 Mich 297; 614 NW2d 910 (2000), an issue we did
not reach in our prior decision.
The trial court dismissed plaintiff’s case based on the close question whether
plaintiff established a genuine issue of material fact to support her claim that she was
harassed by her supervisor and the assistant warden under a hostile work environment
theory. The trial court also concluded that even if the harassment took place, “the
Department of Corrections corrected the problem as soon as it was brought to someone
else’s attention ….” Because it appears that the trial court decided the motion primarily
on the harassment issue, and because the trial court decided the vicarious liability issue
without the benefit of the Supreme Court’s Opinion in Chambers, supra, we reverse and
remand to the trial court for fuller consideration in light of Chambers and to articulate its
reasoning upon review of the documentary and testimonial evidence.
1
Now retired.
Reversed and remanded for proceedings consistent with this opinion. We do not
retain jurisdiction.
/s/ Henry William Saad
/s/ Richard A. Bandstra
/s/ Janet T. Neff
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