# Lopus v. L & L Shop-Rite, Inc

> Michigan Court of Appeals · May 20, 1988 · 171 Mich. App. 486

URL: https://www.frixlaw.com/law-library/cases/9737003

## Case

- **Full name:** Lopus v. L & L Shop-Rite, Inc.
- **Court:** Michigan Court of Appeals
- **Decided:** May 20, 1988
- **Citations:** 171 Mich. App. 486; 430 N.W.2d 757; 3 I.E.R. Cas. (BNA) 1690; 1988 Mich. App. LEXIS 536
- **Precedential status:** Published
- **Opinion:** Concurrence by Shepherd
- **Judges:** Shepherd, Wahls, Ford
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Disagreed with by Dunbar v. Department of Mental Health, 197 Mich. App. 1 (1992).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9737003

## Opinion text

Shepherd, P.J.
(concurring). I concur in the result. It Is not necessary for us to resolve the question of whether this is a contract or a tort action. Plaintiff in this case admittedly was incapable of working. She was entitled to claim and did claim workers’ compensation benefits and this claim was settled, i.e., she received benefits. If plaintiff were capable of working we would be faced with the question of whether her having been discharged is a contract or tort action. Since she cannot work, the issue need not be resolved.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9737003. Public record. Not legal advice.