Case law

D Heather Malone v. Jet's Pizza New Hudson Payroll LLC

Michigan Court of Appeals · Sep 22, 2022

Summary disposition under MCR 2.116(C)(7) is permissible “because of release, payment, prior judgment, [or] immunity granted by law.” MCR 2.116(C)(7). … It was also established that McRell’s only concern is ensuring that he will not be brought back into the case.

Riadh Fezzani v. Antonio Villagomez

Michigan Court of Appeals · Oct 10, 2017

There are additional provisions regarding coverage and who qualifies as an insured. … Accordingly, Grange and plaintiff have failed to establish any error in the trial court’s determination that plaintiff was an independent contractor.

Kim Fowler v. Berrien County Public Defender's Office

Michigan Court of Appeals · Nov 21, 2023

A plaintiff’s work record may constitute circumstantial evidence of a wrongful discharge, but “[t]he fact that a plaintiff engages in a ‘protected activity’ under the Whistleblowers’ Protection Act does not immunize him from … The termination of his employment was clearly predicated on his lack of candor to his superiors.

People of Michigan v. Darnell Walker

Michigan Court of Appeals · May 19, 2022

Accordingly, defendant has failed to establish the predicate facts necessary to support his claim. … He does not argue that Deputy Olson was not personally qualified to testify, through lack of experience, for example.

Scott Vandercook v. State Police

Michigan Court of Appeals · Jun 29, 2023

Vandercook alleges that, on several of those occasions, less qualified white applicants were promoted. The complaint identifies specific, allegedly less qualified officers who MSP promoted instead of Vandercook. … “A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id.

People of Michigan v. Alana Georgienne Gonzalez

Michigan Court of Appeals · Jan 18, 2024

Defendant also asserts that the witnesses’ testimonies were clearly false because these testimonies contradicted her testimony. … Whether Parker was qualified to testify did not depend on defendant’s recollection of him. See MRE 601.

In Re Johnson Estate

Michigan Court of Appeals · Oct 19, 2023

In turn, MCL 700.3204(3) states: “A person is not qualified to serve as a personal representative if the person is either under the age of 18 or is a person whom the court finds unsuitable in formal proceedings.” … On appeal, petitioner argues that a multitude of the probate court’s factual findings are clearly erroneous.

People of Michigan v. Omar Dontay Wilson

Michigan Court of Appeals · Mar 10, 2026

During the plea proceedings, defendant admitted that he had prior qualifying felony convictions. He also acknowledged that the April 8, 2016, photograph showed him holding the firearm. … The trial evidence established that Edwards also had access to and control over the weapon.

People of Michigan v. Lawrence Issac McCree

Michigan Court of Appeals · Dec 13, 2018

As such, to the extent that defendant is arguing that the police had no basis to search Burgess’s home, defendant does not have standing to make this argument.2 In addition, defendant clearly had no expectation of privacy … At trial, defendant objected to the testimony of Officer Robert Skender, arguing that his testimony called for expert testimony, which he was not qualified to provide.

People of Michigan v. Brenda Gail Hazard

Michigan Court of Appeals · Mar 26, 2019

The prosecutor granted him immunity from prosecution provided that he testified about what he observed during the incident, and the jury was made aware of this. … Defendant sought to establish that she acted in self-defense.

People of Michigan v. Tonia Joyce Miller

Michigan Court of Appeals · Apr 8, 2021

We summarized: Miller’s eligibility for relief from judgment hinges on whether she can establish that the evidence on which she relies qualifies as newly discovered, and good cause for failing to raise … Given this evidence, the trial court did not clearly err by finding that there has been a “shift in the science.”

Yani Sanharib Warda v. Farm Bureau General Insurance Company

Michigan Court of Appeals · Jan 25, 2024

A finding is clearly erroneous if we are definitely and firmly convinced the trial court made a mistake. Id. … It is well established that a witness’s bias is always relevant. Powell v St John Hosp, 241 Mich App 64, 72; 614 NW2d 666 (2000) (citation omitted).

People of Michigan v. Joseph Deworne Swilling

Michigan Court of Appeals · Nov 9, 2021

As an elderly couple, the Wangs were clearly more susceptible to a home invasion than a younger couple might have been. … Thus, while defendant’s argument has some merit, it fails to establish that the trial court clearly erred by finding that defendant exploited the Wangs’ age.

People of Michigan v. Marquis Deangelo Nelson

Michigan Court of Appeals · Feb 24, 2022

as an expert, any error in failing to qualify that witness as an expert is harmless. … We have little doubt that Sergeant Roth would have qualified as an expert on the basis of his experience and training.

George Zivku v. Brian Anthony James

Michigan Court of Appeals · Nov 20, 2018

Notwithstanding the trial court’s ruling, Sergeant Stone’s subsequent, extensive testimony was clearly expert testimony. … had been established, the trial court erred by allowing Sergeant Stone to testify to a legal conclusion.

Shean Satgunam v. Michigan State University

Michigan Court of Appeals · Apr 18, 2017

Expert testimony would be necessary to establish that causal connection. … Clearly the trial court’s observations are in accordance with this principle.

Shean Satgunam v. Michigan State University

Michigan Court of Appeals · Apr 18, 2017

Expert testimony would be necessary to establish that causal connection. … Clearly the trial court’s observations are in accordance with this principle.

Kirk Charles Herald v. Laurie Marie Rozek

Michigan Court of Appeals · Sep 11, 2018

However, when a parenting-time modification does not alter the established custodial environment, the moving party must establish only by a preponderance of the evidence that the change is in the child’s best interests. … When gradual changes to parenting time are incorporated in the trial court’s original custody and parenting-time order, this does not qualify as a modification or amendment of custody or parenting time.

People of Michigan v. Edward Michael Czuprynski

Michigan Court of Appeals · Aug 2, 2018

That instruction clearly is incorrect. Operation of a vehicle simply means driving. … During deliberations, the jury asked under what circumstances a moving violation could violate the statute at issue, thus showing that the jury was at a minimum struggling with whether the moving violation here qualified.

In Re a White Minor

Michigan Court of Appeals · May 19, 2022

STATUTORY GROUNDS FOR TERMINATION Respondent-father first argues that the trial court clearly erred by finding that clear and convincing evidence established a statutory ground for termination of his parental rights … The trial court, therefore, did not clearly err by finding that clear and convincing evidence established a ground for termination under MCL 712A.19b(3)(b)(i) or (b)(ii). B.