Case law

McDanield v. Hemker

268 Mich. App. 269 · Michigan Court of Appeals · Dec 27, 2005

Moreover, the evidence, recited above, clearly establishes that McDanield suffered an objectively manifested impairment of an important body function. *281 Therefore, the statutory threshold has been satisfied with respect … This claimed impairment is continuing or ongoing and remains to discomfort McDanield following the injury; therefore, it qualifies as a “residual” impairment.

Michelle a Mondak v. Taylor Police Department

Michigan Court of Appeals · Mar 23, 2017

Turning to the present facts, the City and the department were clearly entitled to the protections of governmental immunity set forth in MCL 691.1407(1), and the trial court erred by denying their motion for summary disposition … In this case, at the outset, we note that the individual officers are clearly entitled to the protections of governmental immunity with respect to plaintiff’s claims of ordinary negligence and strict liability as pleaded

Keyon Harrison v. Curtis Vanderkooi

Michigan Court of Appeals · Nov 21, 2019

the trial court granted summary disposition in favor of the City pursuant to MCR 2.116(C)(10) [no genuine issue of material fact] and in favor of the officers pursuant to MCR 2.116(C)(7) [governmental immunity … briefs “limited to issues in the scope of the remand from the Michigan Supreme Court.”5 The parties filed supplemental 4 Plaintiffs did not challenge our holdings that the individual police officers were entitled to qualified

Moses v. Department of Corrections

274 Mich. App. 481 · Michigan Court of Appeals · Jun 21, 2007

Moreover, to qualify for habeas corpus relief, the jurisdictional defect must be radical, rendering the conviction absolutely void. Id. at 670 . … Courts may not, however, “ignore plain language that, viewed in historical context and given a ‘fair appraisal,’... clearly runs counter to a tribe’s later claims.”

Bissell v. L. W. Edison Co.

9 Mich. App. 276 · Michigan Court of Appeals · Dec 8, 1967

First party agrees to buy such sand at a rate of 3 1/4 cents, per cubic yard to be measured at the bridge site by a qualified representative of the State highway department.” *282 ’Defendant’s contract with Mr. and Mrs. … Justice Steere stated in part on pp 67, 68 as follows: “A waiver may be shown by proof of express language of agreement or inferably established by such declarations, acts and conduct of the party against whom it is claimed

People v. Woolfolk

304 Mich. App. 450 · Michigan Court of Appeals · Feb 27, 2014

in a perjury prosecution, and he testified at defendant’s trial pursuant to that grant of use immunity. … Given that fact, we are hard-pressed to conclude that what once was an established rule in England was ever established in Michigan.

Brittnye Carlson v. Mesquite Inc

Michigan Court of Appeals · Mar 28, 2017

asked to work on the night in question, the circumstances where a fight broke out and the scheduled bouncers were about to be outnumbered was just such an incident where the club needed his services and his stepping in qualified … For all of these reasons, I would conclude that it does not clearly appear that Bradley was acting outside the scope of his employment as a matter of law.

In re Forfeiture of $111,144

191 Mich. App. 524 · Michigan Court of Appeals · Oct 21, 1991

The court stated: Clearly, appellees should not be compelled to choose between the exercise of their Fifth Amendment privilege and the substantial sums of money which are the subject of this forfeiture proceeding. … No connection between the money and claimant’s alleged illegal drug activity need be established before the proximity presumption of our state statute can be invoked.

People v. Duenaz

306 Mich. App. 85 · Michigan Court of Appeals · Jul 10, 2014

Frederick was qualified as an expert in emergency medicine and child sexual examinations. The instant offenses were alleged to have occurred between December 25, 2007, and January 1, 2008. … Clearly, presenting live testimony is an important factor for determining whether or not a witness is credible, but here the information in Penshorn’s report was undisputed.

Sharon McPhail v. Department of Education

Michigan Court of Appeals · Feb 17, 2022

Summary disposition may be granted only if the claims are so clearly unenforceable as a matter of law that no factual development could justify recovery. Patterson, 447 Mich at 432. … (4) If the plaintiff pleaded an intentional tort, determine whether the defendant established that he is entitled to individual governmental immunity under the Ross1 test by showing the

Pursell v. Wolverine-Pentronix, Inc.

91 Mich. App. 700 · Michigan Court of Appeals · Aug 20, 1979

Pursell was qualified to be assigned to, should his position at the Jackson plant be discontinued. Mr. Lyon also testified: "Q. [by Mr. Cobb] Mr. … The answer was, " T felt that we make every effort to place the employees in a situation of that sort.’ ” *706 It was established that plaintiffs five years’ service would qualify him for the regular Dow retirement plan should

ATTICA HYDRAULIC EXCHANGE v. Seslar

264 Mich. App. 577 · Michigan Court of Appeals · Feb 2, 2005

having been protected and preserved.” 20 Under this definition, the DEQ does not qualify as a party who benefits from the receivership. … Whom the court may direct to pay the costs is clearly stated in the plain language of the rule: “the party who moved for the appointment of the receiver . ...”

Mooahesh v. Department of Treasury

195 Mich. App. 551 · Michigan Court of Appeals · Aug 17, 1992

The lower court did not clearly err in certifying the Mooahesh class. … It is well established that the title of an act need not be an index of its provisions.

in Re Daniel Alexander Rastelli

Michigan Court of Appeals · Dec 16, 2014

The court modified the PPO in May 2013 to establish a lawful process by which respondent could remove his personal property from their home. … The prosecutor must prove criminal contempt by establishing that the defendant willfully disregarded or disobeyed the court’s order or authority, that the contempt is clearly shown, and that the act posed an “imminent threat

GTE Sprint Communications Corp. v. Department of Treasury

179 Mich. App. 276 · Michigan Court of Appeals · Aug 8, 1989

The statute authorizes the taxation of qualifying services provided as a part of communications. … Rather, it establishes that exchange access is a service which must be provided by a boc to permit an "interexchange telecommunication.”

20250221_C369042_75_369042.Opn.Pdf

Michigan Court of Appeals · Feb 21, 2025

The grant of a motion under MCR 2.116(C)(8) is only appropriate “when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. … In that matter, the trial court ruled, and this Court affirmed, that Ashen failed to establish his claim of adverse possession related to property located at 246 Webster Avenue in South Haven.

Maureen St Clair v. Xpo Logistics Inc

Michigan Court of Appeals · Dec 1, 2022

Specifically, the use of the phrase “amended pleading” in the first sentence in subsection (2) clearly contemplates a prior original pleading (such as the original complaint) was filed in the same case … In determining whether a plaintiff’s claim is barred because of immunity granted by law, the reviewing court will accept the allegations stated in the plaintiff’s complaint as true unless contradicted

Toby O'Brien v. City of Detroit

Michigan Court of Appeals · Jun 12, 2018

The law generally does not require individuals to engage in clearly futile actions. … Thus, “employees enjoy a qualified right to immunity if (1) the employee’s challenged acts were undertaken during the course of employment and the employee was acting, or reasonably believed he or she was acting, within the

Toby O'Brien v. City of Detroit

Michigan Court of Appeals · Jun 12, 2018

The law generally does not require individuals to engage in clearly futile actions. … Thus, “employees enjoy a qualified right to immunity if (1) the employee’s challenged acts were undertaken during the course of employment and the employee was acting, or reasonably believed he or she was acting, within the

Chase Strickland v. State of Michigan

Michigan Court of Appeals · Apr 27, 2017

’s sovereign immunity. … We review a trial court’s decision to dismiss a complaint under MCR 2.116(C)(8) “to determine whether the claim is so clearly unenforceable as a matter of law that no factual development could establish the claim and justify