JUDITH MERRIAM V SCHUPAN & SONS INC
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STATE OF MICHIGAN
COURT OF APPEALS
JUDITH MERRIAM, as Personal Representative
of the Estate of Donald Merriam, Deceased,
UNPUBLISHED
January 19, 2006
Plaintiff-Appellee,
v
No. 255367
Kalamazoo Circuit Court
LC No. 03-000097-NO
SCHUPAN & SONS, INC.,
Defendant-Appellant.
Before: Whitbeck, C.J., and Bandstra and Markey, JJ.
MEMORANDUM.
In this wrongful death action, defendant appeals as of right the trial court order denying
its motion to strike plaintiff’s objection to its first amended notice naming plaintiff’s decedent’s
employer as a non-party at fault. We reverse.
This Court’s recent decision in Kopp v Zigich, 268 Mich App 258; ___ NW2d ___
(2005), that a defendant is entitled to name potential non-parties at fault and present evidence
that such non-parties contributed to the plaintiff’s injuries, under a plain reading of MCL
600.6304(1)(b) and MCL 600.2957(1), resolves this case. In Kopp, as here, the non-party was
the plaintiff’s employer. We recognize that plaintiff considers this to be an unfair result that is
contrary to principles underlying the Worker’s Disability Compensation Act, MCL 418.101 et
seq. However, we are bound to uphold our duty to construe the text of the statute; plaintiff’s
argument is one of policy and should be directed toward the Legislature. Maier v General
Telephone Co of Michigan, 247 Mich App 655, 664-665; 637 NW2d 263 (2001).
We reverse and remand for further proceedings consistent with this opinion. We do not
retain jurisdiction.
/s/ William C. Whitbeck
/s/ Richard A. Bandstra
/s/ Jane E. Markey
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