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No. 126276
| Milissa McClements, |
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George B. Washington |
Plaintiff-Appellee/Cross-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(Oakland - Potts, W.) |
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| Ford Motor Company, |
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Julia Turner Baumhart |
Defendant-Appellant/Cross-Appellee, |
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| and |
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Daniel P. Bennett, |
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Defendant. |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Plaintiff-Appellee/Cross-Appellant's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Defendant-Appellant/Cross-Appellee's Brief on Appeal>>
Background
Milissa McClements was employed by AVI, a contractor that operated the cafeterias at Ford Motor Company's Wixom assembly plant. In March 1998, McClements began working as a cashier in one of the cafeterias. McClements alleges that Daniel Bennett, a supervisor at the plant, sexually harassed her. On September 4, 2001, McClements filed a lawsuit, in which she claimed that Ford and Bennett violated the Michigan Civil Rights Act by creating a sexually hostile work environment. She also asserted that Ford was negligent because it retained Bennett as an employee. The trial court granted Ford's motion for summary disposition, dismissing Ford from the case. The court held that Ford could not be liable under the Civil Rights Act because McClements was not a Ford employee. The court also found that Ford was not negligent in retaining Bennett, because Ford did not know that Bennett had a propensity to act improperly in the workplace or posed a danger to others. Even if Ford had such notice, the court stated, there was no authority to support McClements' assertion that this notice could support a claim of negligent retention. The Court of Appeals affirmed the trial court's ruling on McClements' Civil Rights Act claim, but reversed the trial court's dismissal of the negligent retention claim, finding that McClements had presented sufficient evidence to reach a jury. Both parties appeal.
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