Mismanaged City of Detroit employment termination claim is reinstated
David Gollman was fired by the City of Detroit. He raised administrative objections, some arising out of his rights as a veteran. The City refused to cooperate in scheduling and hearing his grievances for nearly five years. Eventually, his patience exhausted, Gollman sought court intervention and a ruling that he was entitled to back pay. The trial court rejected his claims and he appealed to the Court of Appeals.
The judges of the higher court reinstated Gollman's claim, pointing out that the lower court had completely mismanaged the consideration of summary disposition it granted to the City. Whereas the judge should have presumed all inferences and facts in favor of the non-moving party and should have avoided deciding factual questions, the judge actually accepted the disputed factual contentions of the City at face value. The higher court also rejected the lower court judge's decision that washed out the Plaintiff's damage claim by failing to take into account the extraordinary expenses incurred by Gollman in order to mitigate his lost income.