Case law

Martin v. Department of Corrections

140 Mich. App. 323 · Michigan Court of Appeals · Jan 23, 1985

329 648; 186 NW2d 792 (1971), aff'd 386 Mich 459 ; 192 NW2d 491 (1971), this Court determined that penal institutions were public buildings within the meaning of the statutory public building exception to the governmental immunity … or violation of rules that clearly jeopardizes facility security.

People v. Sylvester Smith

90 Mich. App. 20 · Michigan Court of Appeals · May 1, 1979

Defendant’s claim that the psychologist was not qualified to testify as an expert is rejected for two reasons. … Clearly, it was to his advantage to be tried but once. No motion to sever was made. Under these circumstances we find no prejudice to the defendant.

Michigan Sheriffs' Ass'n v. Department of Treasury

75 Mich. App. 516 · Michigan Court of Appeals · May 4, 1977

The trial court solved the dilemma by holding that since a bare transfer of the funds would not in itself have been violative of article 4, § 24 of the Constitution, and since the true purpose of the transfer was clearly … A fund becomes "special” and immune from diversion by a subsequent legislative transfer only when the diversion would conflict with a constitutional provision or impair a contractual *530 relationship such as arises where

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.

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.

Magen v. Department of Treasury

299 Mich. App. 566 · Michigan Court of Appeals · Feb 21, 2013

The motion is properly granted if the evidence fails to establish a genuine issue regarding any material fact and the moving party is entitled to judgment as a matter of law. … MCL 206.30(l)(f)(i). 1 Further, during the relevant tax years, MCL 206.30(8) defined “retirement or pension benefits” as “distributions from all of the following:” (a) Except as provided in subdivision (d), qualified pension

Andrews v. Insurance Co. of North America

60 Mich. App. 190 · Michigan Court of Appeals · Apr 7, 1975

A workmen’s compensation carrier is not immune from common-law tort liability for its own acts of negligence resulting in injury to employees. Ray v Transamerica Insurance Co, 10 Mich App 55 ; 158 NW2d 786 (1968). … It was further established that the rate paid by the insured would not be changed by dangerous conditions and that safety conditions had nothing to do with the rate that was charged by the insurer for the policy. ❖ * * "It

Rockwell v. Hillcrest Country Club, Inc.

25 Mich. App. 276 · Michigan Court of Appeals · Jul 27, 1970

Clearly preponderant proof also established that no forewarning was given to those crossing the bridge on the date of the tournament. Again we quote Woody’s testimony: “Q. … Defendant makes no answer to plaintiffs’ proofs establishing duty and its breach.

Brent Adams v. Traverse City Light and Power

Michigan Court of Appeals · Sep 24, 2020

“[G]overnmental immunity is not an affirmative defense, but is instead a characteristic of government,” and parties “seeking to impose liability on a governmental agency” have the burden of establishing the applicability … In this sense, the instant matter differs greatly from Coleman, which plaintiffs rely heavily upon, because in that case the evidence clearly established that the landfill operation at issue was a significant funding source

Robert Scott Swanson v. Bittersweet Ski Resort Inc

Michigan Court of Appeals · Aug 29, 2024

In addition to establishing duties of care, the SASA provides that skiers and snowboarders assume a risk of injury arising from certain dangers that inhere in the sport: (2) Each person who participates in the … The examples of assumed hazards mentioned in the statute “all inhere in the sport of skiing and, as long as they are obvious and necessary to the sport, there is immunity from suit.”

Leonard Gust v. Lenawee County Road Commission

Michigan Court of Appeals · Feb 21, 2017

Plaintiffs argued that: (1) they established a taking as a matter of law during trial, and (2) they are entitled to relief from the order dismissing their claims against Gregg, as he was not entitled to governmental immunity … Pursuant to MCL 691.1407(5), in order [t]o qualify for absolute immunity from tort liability an individual governmental employee must prove his or her entitlement to immunity by establishing, consistently

Auto Club Ins. Ass'n v. Frederick & Herrud, Inc.

145 Mich. App. 722 · Michigan Court of Appeals · Sep 16, 1985

In addition, defendant’s policy was unclear as to whether the claimant must merely qualify for or actually receive other benefits for the coodination-of-benefits provision to operate. … No-fault is only 4 months old and insurance companies have yet to accumulate enough data to establish those premiums confidently.

American Federation of State, County & Municipal Employees v. City of Detroit

252 Mich. App. 293 · Michigan Court of Appeals · Oct 6, 2002

Among the powers specifically conferred on such commissions are the powers to “sue or be sued,” MCL 125.654(5)(a), to form or incorporate corporations, MCL 125.654(5)(b), (d), (e), to serve as a shareholder or member of a qualified … The pertinent statutory section clearly provides that “upon the [mayor’s] recommendation,” the city council may adopt a resolution establishing dhc employees’ compensation or their compensation ranges and classifications.

Loutts v. Loutts (After Remand)

309 Mich. App. 203 · Michigan Court of Appeals · Feb 10, 2015

However, she alleged that she was unable to obtain suitable employment because she was over-qualified for the few jobs that existed in her geographical area, and that Michigan’s declining economy made it near impossible to … Therefore, it is clear that this Court in Stallworth was merely stating that the particular factual circumstances of the case show that the plaintiff established her inability to pay.

People v. Parney

98 Mich. App. 571 · Michigan Court of Appeals · Dec 10, 1979

established." … (See pertinent portions of the autopsy report.) [2] *584 We find that the record does not clearly establish the fact that Ms. Kurtz was conscious of impending death when she made the taped statement.

Estate of Priscilla Slater v. James Ruthenberg

Michigan Court of Appeals · Nov 12, 2024

MCR 2.116(C)(7) provides for summary dismissal of an action “because of . . . immunity granted by law.” … In that case, there clearly would be a basis to rule that there existed an issue of fact with respect to gross negligence.

Samuel J Randall v. Michigan High School Athletic Association

Michigan Court of Appeals · Nov 19, 2020

In his motion, Polazzo asserted that he was certified as an athletic trainer and qualified as a licensed- health professional under the Michigan Public Health Code. … These exhibits do not establish that Randall was laying on the ice for four minutes.

Moss v. Department of Mental Health

159 Mich. App. 257 · Michigan Court of Appeals · Jan 27, 1987

Here, the finding of the grievance committees that plaintiffs seek to avoid is not one of constitutional magnitude or statutory construction; rather, it is a simple question of fact clearly within the competence of the grievance … Arbitration is a well-established mechanism for dispute resolution which is highly favored by the courts. See Fulghum, supra, pp 92-93 .

People v. Woods

241 Mich. App. 545 · Michigan Court of Appeals · Sep 6, 2000

“The trial court’s findings are clearly erroneous if, after review of the record, this Court is left with a firm conviction that a mistake has been made.” Id. … However, when the citizen knows or should know better, but attempts to seek immunity by claiming reliance on misinformation obtained from a government employee, prosecution is not unfair and estoppel by entrapment should

People v. Ackerman

257 Mich. App. 434 · Michigan Court of Appeals · Sep 9, 2003

Niffeler was clearly qualified in a recognized discipline; consequently, the only remaining question is whether his testimony would be helpful to the jury. “ ‘The critical inquiry with regard to expert testimony is whether … Accordingly, defendant has not established the factual predicate for his claim. People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999).