LISA PENNA V MGM GRAND DETROIT LLC
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STATE OF MICHIGAN
COURT OF APPEALS
LISA PENNA,
UNPUBLISHED
December 3, 2002
Plaintiff-Appellant,
No. 233499
Wayne Circuit Court
LC No. 99-929162-CK
v
MGM GRAND DETROIT, L.L.C., MICHAIL
KRAVARITIS, GREGORY VANSTONE, and
LISA JOHNSON-HANNAH,
Defendants-Appellees.
Before: O’Connell, P.J., and White and B.B. MacKenzie*, JJ.
WHITE, J. (concurring in part and dissenting in part).
I respectfully dissent from the dismissal of plaintiff’s breach of contract claim. There
were questions of fact regarding whether plaintiff committed serious misconduct and was
terminated for just cause. Plaintiff submitted deposition testimony of the persons in defendant’s
employ who purportedly “investigated” plaintiff’s misconduct and who purportedly requested
that plaintiff be terminated. Each of the alleged investigators denied spearheading an
investigation and claimed another person did it. Defendant Kravaritis, plaintiff’s immediate
supervisor, and defendant VanStone, who supervised both Kravaritis and plaintiff, denied having
knowledge of the purported performance problems plaintiff was allegedly terminated for, and
denied wanting to terminate plaintiff. The two others who signed the termination notice denied
making the decision. Further, there were questions of fact regarding whether plaintiff in fact
committed the alleged misconduct, whether plaintiff’s alleged conduct constituted serious
misconduct under the contract, and whether defendant followed its own policies in dealing with
plaintiff.1
/s/ Helene N. White
1
As to defendant’s assertion that plaintiff did not properly pursue her appeal rights, there were
questions of fact regarding this issue as well.
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
-1-
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