MISCUK v. NORTHWEST AIRLINES, INC., 112206 (Mich. 4-21-1999)

593 N.W.2d 547

No. 112206.Supreme Court of Michigan.
April 21, 1999.

On order of the Court, the application for leave to appeal from the January 16, 1998 decision of the Court of Appeals is considered, and pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the judgment of the Wayne Circuit Court. The Court of Appeals correctly concluded that the first paragraph of the release unambiguously included defendant-appellant Northwest Airlines, Inc. as a party being released but clearly erred in concluding that paragraphs one and four conflicted and thus created ambiguity precluding summary disposition. The sounder reading is that the indemnity and hold harmless language of paragraph four addresses a different subject, i.e., limiting defendant Rohroff’s exposure to other defendants. The Court of Appeals was also mistaken in being troubled by paragraph four’s reference to plaintiff indemnifying defendant Rohroff on any possible indemnity claims by other defendants against her. Its analysis focusing on the plaintiff’s allegation of Northwest’s active negligence failed to consider the possibility of a contractual indemnity theory.

Cavanagh and Kelly, JJ., would grant or deny leave to appeal but would not dispose of this case peremptorily.