Fries v Mavrick Metal Stamping, Inc., 285 Mich App 706 (2009)
The employee in this case filed a cause of action in Circuit Court for an intentional tort against her employer for an injury caused when both of her arms were caught in an automatic stamping press. The Court of Appeals affirmed the Circuit Court’s determination that the suit did not offend the exclusive remedy provision of the Act. The machine in question had defectively cycled previously under similar circumstances and the employer was made aware of the defective condition. Further, there were safety parts that should have been placed on the machine that were not. The Court of Appeals held that the employee sufficiently pleaded an intentional tort claim to bring this matter into the purview of the Circuit Court.

Key point: where a reasonable jury could conclude that the employer had knowledge of a “continually operative dangerous condition” and “willfully disregarded” that knowledge, the Circuit Court retains jurisdiction.