HENRIETTA BRINEY V KELSEY-HAYES
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STATE OF MICHIGAN
COURT OF APPEALS
HENRIETTA BRINEY,
UNPUBLISHED
August 21, 2001
Plaintiff-Appellee,
v
No. 218621
Wayne Circuit Court
LC No. 96-643009-CK
KELSEY-HAYES and VARITY
CORPORATION,
Defendants-Appellants.
Before: O’Connell, P.J., and Fitzgerald and Wilder, JJ.
O’CONNELL, P.J., (concurring).
In the present case, the jury was presented with two equally sustainable positions. The
first perspective was that the employees lost one week of “earned” or “accrued” vacation. The
second is that the employees were not deprived of their “accrued” or “earned” vacation. Because
I believe the evidence was capable of either determination, I am reluctant to interfere with the
jury’s verdict.
Affirmed.
/s/ Peter D. O’Connell
-1-
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