Case law

DeWitt Township v. Clinton County

113 Mich. App. 709 · Michigan Court of Appeals · Mar 2, 1982

Since variations in millage rates between taxing units are clearly not inconsistent with uniformity within a taxing unit, we decline to adopt such an argument. … "A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator.”

Morgan v. Engles

13 Mich. App. 656 · Michigan Court of Appeals · Oct 23, 1968

Such amounts .are left to the sound discretion of a jury, and a court should not interfere, unless the amount awarded is so shockingly excessive, it clearly appears the verdict was given under the influence of passion or … In a negligence action, a qualified medical practitioner should be subject to liability if he fails to exercise an established standard of care and skill.

Patricia Reid Porter v. City of Highland Park

Michigan Court of Appeals · Feb 19, 2015

-6-  Plaintiffs next contend that defendants were not entitled to summary disposition on their federal law claim under 42 USC 1983 and that the individual defendants were not entitled to qualified immunity in relation … Whether a defendant is entitled to qualified immunity is reviewed de novo. Morden v Grand Traverse Co, 275 Mich App 325, 340; 738 NW2d 278 (2007).

State Highway Commissioner v. Green

5 Mich. App. 583 · Michigan Court of Appeals · Jan 10, 1967

Nor will this Court interfere with such an award that is clearly within the range of the evidence offered. … In In re State Highway Commissioner’s Petition (1944), 310 Mich 93 , 99, the Court qualifies the strict application of the before-after test by saying that “We do not hold that it is universally improper to take testimony

Maitland v. Wayne State University

76 Mich. App. 631 · Michigan Court of Appeals · Jul 7, 1977

Although the PRC did consider the error in the test procedure, we cannot say that the trial judge’s finding that the committee’s actions in the face of the irregularities were inadequate was clearly erroneous or unsubstantiated … "It should be emphasized that this Court will not pass on the issue of whether the plaintiff should have passed or failed his pediatrics-obstetrics course, or whether he is qualified to practice medicine.

Avis Rent-A-Car System, Inc. v. City of Romulus

65 Mich. App. 119 · Michigan Court of Appeals · Oct 14, 1975

The amendment, 1970 PA 174 , MCLA 211.181(2); MSA 7.7(5)(2), purported to establish new criteria for tax exemption for concessionaires. … Omissions from a class, of subjects that clearly belong to such class, makes the classification invalid.”

Dean Eggenberger v. Township of West Bloomfield

Michigan Court of Appeals · Sep 24, 2024

After discovery, defendant moved for summary disposition under MCR 2.116(C)(7) and (C)(10), arguing that it was entitled to governmental immunity under the GTLA because plaintiff failed to establish his highway-exception … claim to governmental immunity.

People v. Ericksen

288 Mich. App. 192 · Michigan Court of Appeals · Apr 15, 2010

Here, the evidence was more than minimal and clearly demonstrated that defendant acted with the requisite intent. … Defendant asserts that because this instance is the first in which he was charged with assault with intent to murder, the other conduct listed in the PSIR was insufficient to qualify as similar to the conduct that resulted

Dale Kerbyson v. Elba Township

Michigan Court of Appeals · Jul 9, 2015

Defendant argued that plaintiffs could not establish that their claims were within the sewage disposal exception to governmental immunity because they could not establish a factual basis for all of the requirements under … This Court made it clear that a plaintiff must establish the “five elements [under MCL 691.1417(3)] in order to avoid governmental immunity.” Id. at 50 (emphasis in original).

Venable v. General Motors Corp.

656 N.W.2d 188 · Michigan Court of Appeals · Jan 23, 2003

While the McDonnell Douglas decision allowed its framework to be adapted to different types of discrimination or different types of "adverse employment action[s]" ( Town, supra at 695 , 568 N.W.2d 64 ), Allen clearly departed … Third, according to the evidence in this case, plaintiff was otherwise qualified for his position. Id.

Ohio Farmers Insurance v. Shamie

235 Mich. App. 417 · Michigan Court of Appeals · Jul 27, 1999

The trial court should grant the motion, “if the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.” Id. … Plaintiffs allegations, which we must accept as true for purposes of this analysis, establish that defendants’ contract to prepare Marcelli’s financial statements was intended to benefit both Marcelli and plaintiff.

Geaniece D Carter v. Warren Consolidated School District

Michigan Court of Appeals · Oct 10, 2017

Because Bernia and Tremmel are public school principals they would be classified as “lower-ranking governmental employee[s] or official[s],” and they have qualified immunity from 3 Notably, none of the exceptions to … Thus, it is clear from the record that both Bernia and Tremmel have qualified immunity from plaintiff’s intentional tort claim.

LaMothe v. Auto Club Insurance

214 Mich. App. 577 · Michigan Court of Appeals · Dec 15, 1995

Accepting all well-pleaded facts as true, plaintiff’s complaint clearly sets forth a breach of contract claim. … The holding in McGill ignores well-established contract law and current case law governing summary dispositions under MCR 2.116(C)(8) and (10).

Holmes v. Michigan Capital Medical Center

242 Mich. App. 703 · Michigan Court of Appeals · Dec 8, 2000

Even if we assumed that the person who signed the statement affirmed its contents, no evidence establishes that the affirmation was made before a person authorized to administer an oath. … Prospective application is appropriate, however, when the holding overrules settled precedent or decides an issue of first impression whose resolution was not clearly foreshadowed.

Kerns v. Dura Mechanical Components, Inc.

242 Mich. App. 1 · Michigan Court of Appeals · Oct 3, 2000

in 1994, 1995 and 1996 to the Workers’ Compensation Board and the Social Security Administration, that he was incapable of standing for any length of time or of walking and that he required work he could perform seated, clearly … To establish a prima facie case of discrimination under the hcra, a plaintiff must establish (1) he has a “handicap” as defined by the HCRA, (2) the handicap is unrelated to his ability to perform the duties of a particular

Coger v. MacKinaw Products Co.

48 Mich. App. 113 · Michigan Court of Appeals · Jun 27, 1973

At the conclusion of the examination, the trial court ruled that the witness was qualified to testify. … Clearly from these conflicting points of view, a jury question arose as to whether it was feasible for the manufacturer to have installed the suggested safety appliances.

People v. Aldrich

246 Mich. App. 101 · Michigan Court of Appeals · Jul 31, 2001

The evidence indicated that defendant clearly played a part in the accident despite the fact that his vehicle did not strike or come into contact with another vehicle. … The instructions must not be “ ‘extracted piecemeal to establish error.’ ” Id., quoting People v Caulley, 197 Mich App 177, 184 ; 494 NW2d 853 (1992).

People v. Cress

250 Mich. App. 110 · Michigan Court of Appeals · May 31, 2002

could rule out that strangulation occurred. 17 *135 Accordingly, we conclude that the trial court clearly erred to the extent that it relied on the expert medical testimony to establish that Ronning falsely confessed to … In this case, the prosecutor’s destruction of evidence clearly qualifies as a “cause for which by law a new trial may be granted . . . .” MCL 770.1.

Mapleview Estates, Inc v. City of Brown City

258 Mich. App. 412 · Michigan Court of Appeals · Nov 10, 2003

authorized by law or charter when this section is ratified or from increasing the rate of an existing tax above that rate authorized by law or charter when this section is ratified, without the approval of a majority of the qualified … the relation of the connection to the charge paid by the owner of each parcel of land, since we *418 presume ‘that the amount of the fee is reasonable, unless the contrary appears upon the face of the law itself, or is established

McCallum v. Department of Corrections

197 Mich. App. 589 · Michigan Court of Appeals · Dec 21, 1992

The doctrine of governmental immunity precludes suit against the doc on grounds of tort. … McCallum clearly understood her right to issue a misconduct report upon being assaulted. She issued such a report on February 17, 1987, when an inmate grabbed her by the crotch.