Case law

People of Michigan v. Terrance Duane Tucker

Michigan Court of Appeals · May 27, 2021

It was clearly proper for Skomski to testify what he observed while attempting to follow the vehicle. … Where a witness provides lay opinion testimony based on his or her personal experience and knowledge, and the witness clearly would have qualified as an expert, any error in failing to qualify that witness as an expert is

Dearborn Heights Montessori Center Inc v. City of Livonia

Michigan Court of Appeals · Feb 14, 2019

-4-  Does not clearly fall within the charitable or educational exemption provided for under state law. … See Wexford, 474 Mich at 203 (element one in establishing an exemption under MCL 211.7o).

Danee Jordan v. Brian G Kissel Dpm

Michigan Court of Appeals · May 18, 2023

—was qualified to testify as an expert regarding Lamm’s standard of care under MCL 600.2169(1)(b), regardless of whether Dr. Karman was actually qualified to do so. … Gilyard, as an orthopedic surgeon, was clearly not a qualified standard- of-care expert witness under MCL 600.2169 because Dr. Kissel is a podiatrist.

Department of Transportation v. Riverview-Trenton Railroad Co

Michigan Court of Appeals · Jun 18, 2020

This provision clearly contemplates that MDOT would be engaged in some activities concerning the GHIB. … That language clearly shows that the Legislature is fully aware of the GHIB.

Kailmiai v. Firestone Tire & Rubber Co.

87 Mich. App. 144 · Michigan Court of Appeals · Nov 27, 1978

This testimony clearly shows that after the accident *149 Mrs. Kailimai was deprived of the companionship and services of her husband which she had previously enjoyed. … Kailimai was an experienced mechanic and, as was pointed out by the trial judge, arguably qualified as an expert in the area.

McCalla v. Ellis

180 Mich. App. 372 · Michigan Court of Appeals · Oct 2, 1989

However, plaintiff clearly presented a quid pro quo theory at trial. Defendant agrees that is the relevant theory for our consideration. … The fourth element is established where the employee in a supervisory position encourages or demands sexual favors in return for some employment benefit. Langlois, supra, p 313.

People of Michigan v. Danielle Louise Pillars

Michigan Court of Appeals · Sep 19, 2024

Therefore, the OVs, as scored, clearly took into account defendant’s use of a gun to shoot Whitfield. … Therefore, the OVs, as scored, clearly took into account the bodily and psychological injuries that Whitfield suffered.

Ranta v. Eaton Rapids Public Schools Board of Education

271 Mich. App. 261 · Michigan Court of Appeals · Aug 31, 2006

It further ruled: The fact that a teacher’s salary is not reduced does not necessarily establish that the teacher has not been demoted. … [arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion [or]... Effected by other substantial and material error of law”. MCL 24.306....

20250124_C365531_49_365531.Opn.Pdf

Michigan Court of Appeals · Jan 24, 2025

In relevant part, extrinsic evidence is not required to authenticate a record admissible under MRE 803(6) if the record was accompanied by a written declaration under oath by a qualified person certifying that: … Defense counsel clearly made a reasonable—if unavailing—argument that the First Amendment barred the charge at issue on the facts before the court.

Travelers Property Casualty Co of America v. City of Grand Rapids

Michigan Court of Appeals · Sep 13, 2016

“Further, the determination regarding the applicability of governmental immunity and a statutory exception to governmental immunity is a question of law that is also subject to review de novo.” … There was clearly evidence of continuous water, infiltration coming through the crack. The pipes were stained. There were rust stains on them, and that means that there’s continuous water.

Fjn LLC v. Vijay Parakh

Michigan Court of Appeals · Jun 22, 2017

Parakh, as building official, had authority under the zoning ordinance to issue certificates of occupancy, which necessarily included the authority to inspect establishments before issuing the certificates. … Borrello 2 Plaintiffs argue that Parakh failed to raise the affirmative defense of privilege in his answer; however, Parakh asserted the affirmative defense of immunity, and privilege is a form of immunity.

David L Gavitt v. Estate of John E Devries

Michigan Court of Appeals · Aug 10, 2017

CLAIMS BASED ON THE MICHIGAN CONSTITUTION “[O]ur Supreme Court has clearly held that no inferred damages remedy for a violation of a state constitutional right exists against individual government employees.” … Plaintiff here likewise fails to establish the existence of a duty. -5-

Carson Fischer Potts and Hyman v. Hyman

220 Mich. App. 116 · Michigan Court of Appeals · Feb 25, 1997

justice which shall be divided into one supreme court, one court of appeals, one trial court of general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction that the legislature may establish … Although MRE 706 clearly gives the trial court the authority to appoint an expert witness, the trial court could not delegate its judicial authority to the expert witness.

20241219_C367522_30_367522D.Opn.Pdf

Michigan Court of Appeals · Dec 19, 2024

than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. … The language of the ballot proposal very clearly stated that its purpose was to assist persons with medical ailments and illnesses and to repeal the prohibition of marijuana establishments.

People of Michigan v. Juan Carlos Rodriguez

Michigan Court of Appeals · Oct 17, 2025

Neither obtained formal licensure that qualified them as a court reporter for the state. … “To establish a Batson violation, the opponent of a peremptory challenge must first establish a prima facie showing of discrimination.” Id. at 689.

in Re beeler/hall Minors

Michigan Court of Appeals · Jan 20, 2015

Although respondent alleged that she sought her own treatment and counseling through the HOPE Network, Anna Freeman of the HOPE Network was not qualified to provide counseling services, and the benefits of the program were … STATUTORY GROUNDS Respondent first argues that the trial court clearly erred in finding that the statutory bases for termination were established.

Thomas G Stauffer v. Acrisure LLC

Michigan Court of Appeals · May 29, 2026

“The plaintiff must show he was “(1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position, and that (4) others, similarly situated and outside the protected class, were … -6- cannot conclude that the trial court clearly erred in granting defendant’s motion for summary disposition on his claim that defendant violated the Bullard-Plawecki Act

Estate of Jacqueline Harris v. Beaumont Health

Michigan Court of Appeals · Sep 12, 2024

Bal was not qualified to be an expert witness in the case, which meant he had not been qualified to provide the AOM. … The party must clearly identify the disputed issue for which it asserts discovery must be conducted and support the issue with independent evidence.”

Hanlin v. Saugatuck Township

299 Mich. App. 233 · Michigan Court of Appeals · Jan 15, 2013

If the language is unambiguous, the Legislature is presumed to have intended the meaning clearly expressed, and a court must enforce the statute as written. … In addition, the person shall be a qualified voter, be of good reputation, and have sufficient education and clerical ability to perform the duties of the office. Id.

Sponick v. Detroit Police Department

49 Mich. App. 162 · Michigan Court of Appeals · Aug 29, 1973

Paragraph 5 of the certificate, which paragraph is reproduced in the margin, 6 does not promise immunity. … Sergeant Sponick claims that the Police Commissioner has no authority to deny promotion to any police officer who has taken and passed the qualifying examinations.