Case law

20231109_C362919_66_362919C.Opn.Pdf

Michigan Court of Appeals · Nov 9, 2023

-1- defendant’s sentencing, did not qualify as a “firearm.” … Defendant called one witness, Steve Howard, who was qualified as an expert in firearm identification.

Kathryn Wahl v. John Molnar Funeral Home Inc

Michigan Court of Appeals · Feb 17, 2022

And while the statute grants immunity for a funeral establishment’s good-faith reliance on instructions regarding the decisions about the decedent’s body, it does not provide immunity for misrepresentations made by the funeral … establishment.

Michigan Farm Bureau v. Department of Environmental Quality

292 Mich. App. 106 · Michigan Court of Appeals · Mar 29, 2011

These initial regulations, “very generally speaking, defined the types of animal feeding operations that qualify as CAFOs, set forth various NPDES permit requirements, and established effluent limitation guidelines for CAFOs … The term “this part” in § 3103(2) clearly means Part 31 of the NREPA, which confers several “duties” upon the DEQ.

in Re Joseph W Brooks III Trust Number One

Michigan Court of Appeals · Oct 23, 2014

Brooks established for his wife, Edwina, to use during her lifetime. The testimony established that Brooks arranged the trust in question so that Edwina could have her own money to spend, and to avoid taxes. … The testimony presented below clearly established Brooks’ intent in creating the trust. Brooks testified that he wanted Edwina to have her own money.

Zine v. Chrysler Corp.

236 Mich. App. 261 · Michigan Court of Appeals · Oct 1, 1999

Clearly, had Chrysler not provided any information regarding lemon laws, it could not be charged with violating the MCPA. … cert den 405 US 978 ; 92 S Ct 1196 ; 31 L Ed 2d 254 (1972), the plaintiff must adequately define the class so potential members can be identified and must present some evidence of the number of class members or otherwise establish

People v. Hill

269 Mich. App. 505 · Michigan Court of Appeals · Mar 31, 2006

The court initially noted that MCL 750.145c established three forms of illegal behavior related to child sexually abusive material, i.e., creation, distribution, and possession. … The CD-Rs qualify as computer storage devices containing photographs and videos depicting children engaged in sexual acts. The evidence presented indicated that defendant alone made or produced these CD-Rs.

People of Michigan v. Kenyon Bailey

Michigan Court of Appeals · Sep 24, 2019

However, we question the legal support upon which this rule was first established in Michigan. … Bailey expressed no desire to have new defense counsel appointed, and there was no clearly justifiable reason to do so. Clearly, appointed counsel’s conduct did not rise to the level of gross incompetence.

M&D, INC v. McCONKEY

226 Mich. App. 801 · Michigan Court of Appeals · Feb 10, 1998

In Clemens , the plaintiffs successfully established a prima facie case of fraud because they established not only that there was a concealed defective condition but also, and most important, they demonstrated that (1) there … Clearly, proof that a defect was unreasonably dangerous is not an element of a fraud action. See Arim, supra at 195 . 8 See MCL 600.5801(4); MSA 27A.5801(4).

Mark Stieve v. City of Dearborn

Michigan Court of Appeals · Mar 9, 2017

The evidence establishes that Bowen travelled in the left lane of the median-divided residential street. … Here, Bowen clearly owed a duty to innocent bystanders and other persons using the highways.

Jay S Turner v. J & J Slavik Inc

Michigan Court of Appeals · Jun 12, 2026

“If there are no material facts in dispute or if reasonable minds could not differ regarding the legal effect of those facts, the issue of governmental immunity is resolved as an issue of law.” … “A finding is clearly erroneous if there is no evidentiary support for it or if this Court is left with a definite and firm conviction that a mistake has been made.”

Sweatt v. Department of Corrections

247 Mich. App. 555 · Michigan Court of Appeals · Dec 12, 2001

An injured employee is eligible for compensation regardless of whether the employer was at fault, and, in return, the employer is immunized from tort liability. … The doc statute is an unrelated act governing the establishment and operation of the corrections department. MCL 791.201.

Hope-Jackson v. Washington

311 Mich. App. 602 · Michigan Court of Appeals · Aug 18, 2015

Claimant cites no authority establishing that the failure to request a retraction is, in fact, an affirmative defense under MCR 2.111(F)(3). … Although nominal damages are defined as “a trivial sum of money awarded to a litigant who has established a cause of action but has not established that he is entitled to compensatory damages,” 47 Restatement Torts, 2d, §

Neal v. CORRECTIONS DEPT.

232 Mich. App. 730 · Michigan Court of Appeals · Nov 24, 1998

Thus, under the plain language of subsection 301(b), the MDOC clearly falls within the broad statutory definition of a "public service." Defendants essentially concede as much. … The Supreme Court held that the statutory definition of a "qualified individual with a disability," 42 USC 12131(2), does not exclude prisoners, rejecting the contention that the terms "eligibility" and "participation" necessarily

People v. Wood

307 Mich. App. 485 · Michigan Court of Appeals · Oct 28, 2014

The trial court qualified Ferragut as “an expert in DNA analysis, including Y-STR.” … [(b) The evidence clearly shows that (name witness) is guilty of the same crime the defendant is charged with.]

Jackson County v. City of Jackson

302 Mich. App. 90 · Michigan Court of Appeals · Aug 1, 2013

this question in the affirmative and hold that the city’s storm water management charge is a tax, the imposition of which violates the Headlee Amendment because the city did not submit Ordinance 2011.02 to a vote of the qualified … Ordinance 2011.02 establishes a storm water utility to operate and maintain the city’s storm water management program.

Kristy Bastine v. City of Southfield

Michigan Court of Appeals · Dec 20, 2016

When the language of a statute is unambiguous, we assume that the Legislature intended the meaning clearly expressed. Ford Motor Co v Dep’t of Treasury, 496 Mich 382, 389; 852 NW2d 786 (2014). … If the parties, however, present evidence establishing a question of fact regarding whether the defendant is entitled to immunity as a matter of law, summary disposition is inappropriate. Id.

Watts Regulator Company v. Department of Treasury

314 Mich. App. 453 · Michigan Court of Appeals · Feb 25, 2016

“If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.” … Thus, the Court of Claims properly determined that the SBTA qualifies as an income tax as defined by the Compact because it “tax[ed] a variation of net income[.]” IBM, 496 Mich at 667 (opinion by VIVIANO, J.).

People of Michigan v. Darius Lewis

Michigan Court of Appeals · Jun 21, 2016

Even assuming that defense counsel was aware of the statement before trial and that Mims was “unavailable” rather than merely absent, see MRE 804(a)(5), defendant has not established that Mims’s statement qualified for admission … This does not qualify as a statement against interest.

in Re Stanley a Seneker Trust

Michigan Court of Appeals · Feb 26, 2015

Seneker, established the Stanley A. Seneker Trust Agreement (the Trust), dated August 14, 1974. Appellees, the children of Stanley, are named trust beneficiaries as is appellant, Stanley’s surviving spouse. … Third, Stanley clearly contemplated that a transfer might require the resort to judicial process, as evidenced by the language, “If necessary, the TRUSTEE may commence appropriate judicial proceedings to effectuate a transfer

Wlosinski v. Cohn

269 Mich. App. 303 · Michigan Court of Appeals · Mar 15, 2006

Nevertheless, plaintiff again moved to amend her complaint, and the proposed amendments alleged that the negligent use of drugs that suppressed the decedent's immune system led to an infection that caused the kidney to fail … Cohn's success/failure rate was not character evidence for the purposes of plaintiff's negligent supervision claim against Beaumont Hospital because it was used to establish the hospital's knowledge of Dr. Cohn's skill.