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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Michigan Court of Appeals; 173 Mich. App. 591. Datos: https://static.case.law/mich-app/173/cases/0591-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Bowden v. McAndrew, 173 Mich. App. 591 (Michigan Court of Appeals, 1988) Gribbs, P.J. Defendant First Savings Association of Ypsilanti appeals by leave granted from a Wayne Circuit Court order denying its motion for summary disposition. We reverse. The primary issues before us in this case are whether the Bank Protection Act of 1968 (bpa), 12 USC 1881 et seq., provides plaintiff Clarice Bowden with a private cause of action and whether her claims are barred by the exclusive remedy provision of the Workers’ Disability Compensation Act, MCL 418.131; MSA 17.237(131). Plaintiff Clarice Bowden was employed by defendant First Savings Association as a bank teller at the bank’s office on West Michigan in Ypsilanti. She was apparently the only person present at the bank at 12:40 p.m. on March 28, 1984, when an attempted robbery took place. At that time, Larry Donald Konopski entered the bank carrying an empty pellet gun and demanded that plaintiff give him $250,000. She pulled a money clip located in a drawer to activate a silent alarm. The police eventually arrived and, upon seeing them, Konopski pulled a knife and cut her face and body. The police shot and killed Konopski. Following the incident, the bank voluntarily paid to her workers’ disability compensation benefits during the time she was unable to work. She subsequently filed a two-count complaint, alleging that the bank intentionally breached its duties to provide adequate security devices and to instruct her in their safe…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Michigan Court of Appeals; 173 Mich. App. 591. Datos: https://static.case.law/mich-app/173/cases/0591-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Bowden v. McAndrew, 173 Mich. App. 591 (Michigan Court of Appeals, 1988) Gribbs, P.J. Defendant First Savings Association of Ypsilanti appeals by leave granted from a Wayne Circuit Court order denying its motion for summary disposition. We reverse. The primary issues before us in this case are whether the Bank Protection Act of 1968 (bpa), 12 USC 1881 et seq., provides plaintiff Clarice Bowden with a private cause of action and whether her claims are barred by the exclusive remedy provision of the Workers’ Disability Compensation Act, MCL 418.131; MSA 17.237(131). Plaintiff Clarice Bowden was employed by defendant First Savings Association as a bank teller at the bank’s office on West Michigan in Ypsilanti. She was apparently the only person present at the bank at 12:40 p.m. on March 28, 1984, when an attempted robbery took place. At that time, Larry Donald Konopski entered the bank carrying an empty pellet gun and demanded that plaintiff give him $250,000. She pulled a money clip located in a drawer to activate a silent alarm. The police eventually arrived and, upon seeing them, Konopski pulled a knife and cut her face and body. The police shot and killed Konopski. Following the incident, the bank voluntarily paid to her workers’ disability compensation benefits during the time she was unable to work. She subsequently filed a two-count complaint, alleging that the bank intentionally breached its duties to provide adequate security devices and to instruct her in their safe…