Case law

People v. Major

34 Mich. App. 405 · Michigan Court of Appeals · Jun 23, 1971

. *414 “A review of the testimony clearly shows that that identification by the victim, Hollingstead, had been based upon the identification of her assailant garnered at the time of the robbery. … Childers was met and the identification of Magnuson so qualifies.”

Thelonious Jackson v. Daniel Lubelan

Michigan Court of Appeals · Jul 5, 2018

Thus, defendants were not entitled to governmental immunity. … When we consider a motion for dismissal based on governmental immunity under MCR 2.116(C)(7), we review any documentary evidence filed, as well as pleadings, to determine whether the claim is barred by immunity.

in Re Verga Estate

Michigan Court of Appeals · Mar 25, 2021

Plamondon was not qualified to offer an expert opinion. … Robert Chadwick testified that, based on JV’s score of 15, he “would say [JV]” was “not qualified” to make financial and legal decisions.

Radtke v. Miller, Canfield, Paddock & Stone

209 Mich. App. 606 · Michigan Court of Appeals · Apr 3, 1995

MCR 2.312(D)(1) provides that a matter admitted in response to a request for admissions is established conclusively. … First, MCR 2.312(D)(2) clearly does not apply to this appeal.

Senate v. House of Representatives

Michigan Court of Appeals · Oct 27, 2025

A motion is properly granted pursuant to MCR 2.116(C)(10) “when the proffered evidence fails to establish a genuine question of fact.” Tripp, 346 Mich App at 262. … The provision clearly mandates that every passed bill “shall” be presented to the Governor.

Shante Hooks v. Lorenzo Ferguson Md

Michigan Court of Appeals · Jan 5, 2016

A motion under MCR 2.116(C)(8) tests the legal sufficiency of the complaint and should only be granted where the claims are clearly unenforceable as a matter of law. Id. at 119. … Milewski qualified to give an opinion as to what is required of a reasonable surgeon under similar circumstances.

People of Michigan v. Dustin Lee MacLeod

Michigan Court of Appeals · Jul 14, 2016

Although such statements by a confidential informant to a police officer are testimonial, Chambers, 277 Mich App at 10, the record clearly shows that the statements were not offered to establish the truth of the matter stated … Clearly, defendant’s father was not a proper “registered primary caregiver” or “registered qualifying patient” entitled to have a key to the “enclosed, locked facility” under MCL 333.26423(d).

in Re a Buchanan Minor

Michigan Court of Appeals · Feb 13, 2020

Only one statutory ground needs to be established to support termination of parental rights under MCL 712A.19b(3). In re Martin, 316 Mich App 73, 90; 896 NW2d 452 (2016). … Brosch stated that AB was meeting his developmental milestones, he was healthy, and he had all his immunizations.

Sbc Health Midwest Inc v. City of Kentwood

Michigan Court of Appeals · Mar 19, 2015

If the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. Id. at 362–363. … Thus, even if MCL 211.7n were applicable and required an educational institution to be nonprofit in order to qualify for the tax exemption contained therein, the most that can be said is that petitioner would not qualify

US Bank National Association v. Debora D Curtis

Michigan Court of Appeals · Nov 3, 2015

Defendants only make blanket and unsupported assertions about how they would have qualified for a modification. … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999).

Shenelle Miller-Webb v. Genesee County

Michigan Court of Appeals · Apr 19, 2016

The fact that plaintiff was qualified for the position is undisputed for purposes of this appeal. … Thus, plaintiff’s claim is clearly not preserved for our review. Napier v Jacobs, 429 Mich 222, 227; 414 NW2d 862 (1987).

Shannon Oehmke v. Citizens Insurance Company of America

Michigan Court of Appeals · Mar 17, 2016

In this case, the parties clearly disputed the nature and extent of the injuries plaintiff received in the second accident at issue. … Plaintiff on appeal has not demonstrated that this ruling, essentially a factual determination, was clearly erroneous. Id.; MCR 2.613(C).

Lawrence a Nakfoor v. Our Savior Lutheran Church

Michigan Court of Appeals · Jan 30, 2018

Relying on these criteria, this Court has held that in order for a claimant to avoid governmental immunity under the SDSE exception, the claimant must establish the elements found in MCL 691.1417(3)(a) through (e). … perhaps the storm drain, as originally designed and constructed, was adequate to prevent flooding in the subdivision before the change in elevation, although the previously undeveloped property flooded, the elevation increase clearly

Lawrence a Nakfoor v. Our Savior Lutheran Church

Michigan Court of Appeals · Jan 30, 2018

Relying on these criteria, this Court has held that in order for a claimant to avoid governmental immunity under the SDSE exception, the claimant must establish the elements found in MCL 691.1417(3)(a) through (e). … perhaps the storm drain, as originally designed and constructed, was adequate to prevent flooding in the subdivision before the change in elevation, although the previously undeveloped property flooded, the elevation increase clearly

Estes v. Idea Engineering & Fabricating, Inc

250 Mich. App. 270 · Michigan Court of Appeals · Jun 14, 2002

In this regard, our Supreme Court speculated in Detroit Foundries, supra at 217, that the legislative intent in establishing the statute of limitations in § 541a(4) may have been to ensure that persons qualified to be directors … the 2001 amendment of subsection 489(l)(f) uses the specific phrase “cause of action” twice referencing actions under § 489. 9 Again, we reiterate that the dissent in Baks and the history of §§ 489 and 541a demonstrate clearly

Lindsey Patrick v. Virginia B Turkelson

322 Mich. App. 595 · Michigan Court of Appeals · Jan 16, 2018

Lindsey clearly was not making unverifiable, subjective complaints of mere pain and suffering. … Based on this record evidence, we conclude there was conflicting evidence directly related to determining whether Lindsey’s claimed injury qualified as a serious impairment of body function.

Saffian v. Simmons

267 Mich. App. 297 · Michigan Court of Appeals · Sep 28, 2005

found that plaintiff's counsel did not have the reasonable belief that Nearing was qualified, as required for filing under MCL 600.2912d(1). … The phone records established that there was no long distance call on the relevant date.

People v. Furman

158 Mich. App. 302 · Michigan Court of Appeals · Mar 3, 1987

Premeditation and deliberation need not be established by direct evidence, but may be inferred from all the facts and circumstances established on the record. … Defendant argues that the foundation for this evidence did not clearly establish that electrophoresis testing has met the standards of general scientific acceptance.

Kathleen Corey v. Department of Transportation

Michigan Court of Appeals · Oct 11, 2018

DISCUSSION Plaintiff contends that the trial court erred because she established a genuine issue of material fact regarding whether the accident site was closed to public travel. … These photographs clearly show construction cones, barrels, and a roadside sign in and around the area in dispute. Notably, several cones appear around the hole.

People of Michigan v. Alonte Perton Smith

Michigan Court of Appeals · Feb 18, 2021

The trial court qualified Agent Reuschel as an expert regarding the electronic-monitoring maps and systems associated with the tracking of GPS tethers. … The trial court qualified Agent Wysopal as an expert regarding street gangs in the Saginaw area.