Case law

Carpenter v. Consumers Power Co.

230 Mich. App. 547 · Michigan Court of Appeals · Sep 29, 1998

A trial court’s finding that a claim is frivolous will not be reversed on appeal unless it is clearly erroneous. Id. at 266 . … After reviewing the record, we conclude that Behr was qualified as an expert. He holds a doctorate degree in agricultural economics from the University of Wisconsin.

Hill v. Citizens Insurance Co. of America

157 Mich. App. 383 · Michigan Court of Appeals · Jan 21, 1987

It is still necessary that the proofs establish a substantial physical nexus between the disappearing vehicle and the object cast off or struck. … But inferred facts do not show a clearly definable beginning and ending of a contemporaneously occurring chain of events. [Kersten, 472.]

People v. Schultz

246 Mich. App. 695 · Michigan Court of Appeals · Oct 9, 2001

Our resolution of the issue whether defendant’s conduct, as reflected within.the trial court record, qualifies as a delivery of a controlled substance also involves statutory interpretation. … The Legislature clearly intended to deter drug trafficking by strictly punishing drug dealers. People v Fields, 448 Mich 58, 64-65 ; 528 NW2d 176 (1995).

Tim Edward Brugger II v. Midland County Bd of Road Commissioners

Michigan Court of Appeals · May 15, 2018

Governmental immunity does not shield a road commission from liability when it fails to maintain the road in a condition “reasonably safe and convenient for pubic travel.” MCL 691.1402(1). … In the context of civil context, . . . this Court . . . recognized an additional threshold question whether the decision clearly established a new principle of law.

Craig Murawski v. City of Essexville

Michigan Court of Appeals · Jan 22, 2019

Summary disposition under MCR 2.116(C)(7) may be granted when “immunity granted by law” bars a claim. … Thus, the contradictory factual accounts qualify as a genuine issue of material fact.

Fremont Mut. Ins. Co. v. DEPT. OF TREAS.

73 Mich. App. 526 · Michigan Court of Appeals · Feb 2, 1977

They are still valid and applicable unless they conflict with a long established and recognized rule of law. … Trial court opinion, p 2. [4] An additional issue, not relevant to the present case, was whether natural gas and gas appliances acquired before January 1, 1968, but sold thereafter, qualified as "assets" under § 271 of the

Randy K Jewett v. Mesick Consolidated School District

Michigan Court of Appeals · Jun 4, 2020

A party’s own testimony, standing alone, can be sufficient to establish a genuine question of fact. … Although plaintiff has established a question of fact whether Harris and Barron held animosity toward him, plaintiff has not established a question of fact that their animosity had anything to do with his inability to read

People v. McCaleb

37 Mich. App. 502 · Michigan Court of Appeals · Jan 17, 1972

The majority in Brandt , while stating that they felt this determination was one of law, nevertheless qualified this view in footnote 2 of their opinion by distinguishing this case, in which a judge served as trier of fact … The court reporter’s notes clearly show that the word “expressly” was used in the charge rather than “surprisingly.”

Michigan Immigrant Rights Center v. Governor

Michigan Court of Appeals · May 30, 2024

In 2017, it established a “Farmworker and immigrant rights” (FWIR) program to provide certain legal services. … , are fundamental to sovereign immunity law.”

Motor City Pawn Brokers Inc v. City of Warren

Michigan Court of Appeals · Dec 17, 2015

This is clearly financial information within the meaning of the FSMA. … falls within the scope of § 4(a)’s immunity.

People of Michigan v. Jonathan Christopher Jones

Michigan Court of Appeals · Jul 10, 2025

This consideration does not clearly come within any of the factors enumerated in Watkins, but the list is not exhaustive. See id. … Dragovic’s testimony established a theory that IY sustained the injury days before May 3, 2017, thereby establishing a possibility that IY sustained the injury when she was not in defendant’s care.

Hamed v. Wayne County

284 Mich. App. 681 · Michigan Court of Appeals · Jul 7, 2009

In Zsigo , the Supreme Court explained that Champion’s reference to 1 Restatement Agency, 2d, § 219(2)(d), did not qualify as an adoption of that provision. … This limited exception clearly does not apply to the facts in this case. [ Zsigo, supra at 224 n 19.]

In Re Zimmerman

277 Mich. App. 470 · Michigan Court of Appeals · Jan 3, 2008

We do not conclude that this finding is clearly erroneous. … Similarly, Byron initially stated that he did not use marijuana around his children, but he later qualified this statement by saying, “Not while they were home. Maybe a couple times when they were asleep.

People v. Brassell

64 Mich. App. 445 · Michigan Court of Appeals · Sep 23, 1975

Had it been established that the witness had no recollection of the conversation in question, the next step in laying a foundation would have been to show that a reading of the document would not refresh his memory. … This clearly appears to me to be no mistake at all and qualifies under People v Bottany, 43 Mich App 375 ; 204 NW2d 230 (1972) as a reasonable trial tactic.

Preserve the Dunes, Inc. v. Department of Environmental Quality

264 Mich. App. 257 · Michigan Court of Appeals · Dec 22, 2004

But we will not overturn a trial court’s findings of fact unless they are clearly erroneous. Id.-, Portage v Kalamazoo Co Rd Comm, 136 Mich App 276, 279 ; 355 NW2d 913 (1984). … Frederick Goff, whom the trial court found to be highly qualified in the science disciplines necessary to the determinations in this case.

Airgas Specialty Products v. Mi Occupational Safety & Health Admin

Michigan Court of Appeals · Aug 26, 2021

(e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. (f) Affected by other substantial and material error of law. … This latter standard is indistinguishable from the clearly erroneous standard of review . . . .” Boyd v Civil Serv Comm, 220 Mich App 226, 234; 559 NW2d 342 (1996).

In Re Huisman

230 Mich. App. 372 · Michigan Court of Appeals · Sep 29, 1998

Huisman qualifies under the statute as a “custodian” because he has sole legal and physical custody of J.H., and that Deborah Huisman is also J.H.’s “custodian” because she provides care on a daily basis. … If no such showing is made and a statutory ground for termination has been established, the trial court is without discretion; it must terminate parental rights. Id. at 472 .

20241120_C366864_68_366864.Opn.Pdf

Michigan Court of Appeals · Nov 20, 2024

However, his testimony was insufficient to establish that he was qualified as an expert in this regard because his testimony did not establish that by knowledge, skill, experience, training or education, he was qualified … The record did not establish that by knowledge, skill, experience, training, or education, Dr. Ayoub was qualified to represent himself as an expert in Vitamin D deficiency, rickets, or metabolic bone disease.

Kristopher William Robert Wilson v. Brk Inc

Michigan Court of Appeals · May 30, 2019

After a visit to the bar one evening, he began to exit the establishment with a friend, who was pushing the wheelchair. … Rather, the issue of the plaintiff’s alleged physical injury was examined solely in the context of a claim against police officers and the question of governmental immunity.

Gardner v. Department of Treasury

306 Mich. App. 546 · Michigan Court of Appeals · Sep 9, 2014

Unambiguous language is given the intent clearly expressed and the statute is enforced as written. Sun Valley Foods Co v Ward, 460 Mich 230, 236 ; 596 NW2d 119 (1999). … Exemptions are never presumed, the burden is on a claimant to establish clearly his right to exemption, and an alleged grant of exemption will be strictly construed and cannot be made out by inference or implication but must