Case law

People v. Walker

162 Mich. App. 60 · Michigan Court of Appeals · Aug 3, 1987

Since juror Mayotte stated that he believed he could render an impartial verdict, we are not confronted with a situation in which a prospective juror clearly reveals a bias or prejudice on voir dire. … The testimony of several witnesses establishes that complainant woke the child up and ran to her mother's after defendant had left the apartment. Complainant was hysterical and crying at the time.

People of Michigan v. Timothy Matthew Parker

Michigan Court of Appeals · May 25, 2017

When reviewing the constitutionality of a statute, we apply “the well- established rule that a statute is presumed to be constitutional unless its unconstitutionality is clearly apparent.” Id. at 24. B. … -2- establish, abrogate, or modify the substantive law.” Id.

Edsel & Eleanor Ford House v. Village of Grosse Pointe Shores

134 Mich. App. 448 · Michigan Court of Appeals · May 14, 1984

The policies established by the board, in accordance with the terms of Mrs. … Since petitioner did not provide money or help to the needy, petitioner did not qualify as a charitable institution.

Robert Davis v. Jonathan Hurd

Michigan Court of Appeals · Jul 6, 2023

[T]he Plaintiff testified, very clearly, that his inability to work or . . . his limitations of work, he’s been working part-time because of the chip shortage with GM and the parts. … When there is conflicting evidence whether a claimed injury qualifies as a serious impairment of body function, there is a genuine issue of fact, and it is error for the trial court to decide the question as a matter of law

Maerz v. United States Steel Corp.

116 Mich. App. 710 · Michigan Court of Appeals · Jun 8, 1982

One problem with the rule was that it immunized a landowner who removed the percolating water for purely malicious reasons. See, e.g., Huber v Merkel, 117 Wis 355; 94 NW 354 (1903). … Defendant further argues that evidence of damage to other property would clearly be more prejudicial than probative and for that reason would not be admissible.

Matthews v. Department of Natural Resources

288 Mich. App. 23 · Michigan Court of Appeals · Apr 6, 2010

the violation “by [its] decision that a *33 prescriptive easement has been established.” … Effectively, this would mean the Plaintiffs had achieved nothing in establishing the existence of the easement.

In Re Miller

182 Mich. App. 70 · Michigan Court of Appeals · Jan 17, 1990

Clearly, the petition was sufficient as to Ms. Firlet. … Allowing an abusive environment to continue establishes neglect.

Lawrence v. Tippens

53 Mich. App. 461 · Michigan Court of Appeals · May 29, 1974

The elements necessary to establish a cause of action for ordinary negligence are succinctly set forth by Dean Prosser in his treatise on torts. … A reading of these statements clearly indicates that, for all areas of damage other than the bruise, the questions of causation and damage were contested.

Gordon Joseph Bredow v. Land & Co

Michigan Court of Appeals · Oct 30, 2014

The evidence, however, established that the plaintiff attempted to enter an elevator without invitation or permission. … Turning to the present facts, plaintiff clearly qualified as an invitee when he initially entered the premises for the purpose of working for Ferguson Enterprises and fulfilling his role as a project manager in the pricing

Pletz v. Secretary of State

125 Mich. App. 335 · Michigan Court of Appeals · May 3, 1983

It clearly refers to the judicial officers provided for therein.” … In analyzing this issue, the trial court overlooked the well-established principle that transac *360 tions entered into between retailers and their customers in which goods are sold on a credit basis involve a "time price

Ali a El-Khalil v. Oakwood Health Care Inc

Michigan Court of Appeals · Apr 4, 2017

immunity. … The trial court found that defendants followed the guidelines set forth in the bylaws and were entitled to qualified immunity under the Health Care Quality Improvement Act and the Michigan Peer Review Immunity Statute.

Rosebrock v. Vondette

85 Mich. App. 416 · Michigan Court of Appeals · Aug 22, 1978

He qualified on the same day and has been acting in his capacity as administrator since that date. … Clearly this overshadowed the small estate proceedings previously taken. MCL 702.57; MSA 27.3178(127).

Brinkley v. Brinkley

742 N.W.2d 629 · Michigan Court of Appeals · Dec 10, 2007

Parents who do come within one of the categories in MCL 722.27b(1), and who do not satisfy MCL 722.27b(5), are granted only qualified deference. … NOTES [1] This Court held that the trial court clearly erred in ruling that the motion was barred by the doctrine of res judicata. Brinkley v.

Newark Morning Ledger Co. v. Saginaw County Sheriff

204 Mich. App. 215 · Michigan Court of Appeals · Mar 21, 1994

In contrast, the purpose of the erka is to establish an individual employee’s right to examine the employee’s personnel records, i.e., the documents that are being kept by the employer concerning that employee. … A department required to release all of this information would have a difficult time recruiting qualified candidates to fill positions.

Grow v. W a Thomas Co.

236 Mich. App. 696 · Michigan Court of Appeals · Oct 22, 1999

Michigan has long endorsed a broad application of these requirements for qualifying an expert, Dudek v Popp, 373 Mich 300, 306 ; 129 NW2d 393 (1964), and the question whether a particular witness qualifies as an expert is … Contrary to defendants’ argument, the trial court clearly and carefully considered the question of the results achieved, and the existence of a contingent fee arrangement, in determining a reasonable attorney *716 fee.

Ronald L Nelson v. Chippewa Ottawa Resource Authority

Michigan Court of Appeals · Jan 25, 2024

The court dismissed Counts III and IV on the grounds that “[i]t is established law that Indian Tribes are immune from unconsented suit unless abrogated by Congress,” that “[t]here is no congressional authorization to bring … The Court finds this evidence to be more than sufficient to establish a colorable claim to title.

UAW v. Green

302 Mich. App. 246 · Michigan Court of Appeals · Aug 15, 2013

examinations, or establishing job performance ratings. … That fact has been decisively established.

People v. Wadkins

101 Mich. App. 272 · Michigan Court of Appeals · Nov 4, 1980

OESTERLE [attorney for defendant]: Your Honor, Miss Parker’s testimony in this matter is clearly relevant, and it is clearly essential for the Defense in this matter. Mr. … In the instant case, the trial judge did not establish facts on the *282 record offered by both parties upon which to base a decision to exclude the testimony of Jane Parker in total.

People v. Crutchfield

62 Mich. App. 149 · Michigan Court of Appeals · Jun 11, 1975

Clemmons, because of his age, qualified for status under the Holmes Youthful Trainee Act, MCLA 762.11 et seq.; MSA 28.853(11) et seq. He was assigned to the status of youthful trainee before trial of the instant case. … "Prior to the date that this case was scheduled this man petitioned the court for the Holmes Act and established the posture of the case. The way it is right now I could attack his credibility.”

Lansing Fire Fighters Union, Local 421 v. City of Lansing

133 Mich. App. 56 · Michigan Court of Appeals · Mar 21, 1984

It was his opinion that Lieutenant Stump was not qualified for this position because he could not express his opinions. … However, that case clearly presents a *68 different scenario from that posed here.