Linda F Billings v. Michigan Ability Partners ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
March 23, 2011 Robert P. Young, Jr.,
Chief Justice
141978 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
LINDA F. BILLINGS, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 141978
COA: 291889
Washtenaw CC: 08-000626-CZ
MICHIGAN ABIILTY PARTNERS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 29, 2010
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals decision
that reinstated the plaintiff’s claim of discrimination under the Persons with Disabilities
Civil Rights Act, MCL 37.1202 et seq. Assuming arguendo that the plaintiff succeeded
in demonstrating a disability that qualifies under the act, she nevertheless failed to
establish the existence of a genuine issue of material fact that the reason given to the
plaintiff for her termination was a pretext for terminating her due to her disability, or that
the defendant’s decision was in any manner motivated by discriminatory animus. Peden
v City of Detroit, 470 Mich 195 (2004). We REINSTATE the Washtenaw Circuit
Court’s summary disposition order on the plaintiff’s discrimination claim, and we
REMAND this case to the circuit court for the additional proceedings ordered by the
Court of Appeals regarding the discovery sanction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 23, 2011 _________________________________________
0316 Clerk