Case law

Larry Elvin v. Karl P Gubert Dvm

Michigan Court of Appeals · Aug 9, 2016

In our opinion, the trial court clearly erred in substituting its judgment on damages for the jury’s. [Id. at 335-336.] … Lawter is as qualified as any local practitioner in the areas of veterinary malpractice and equine law.

People of Michigan v. Joseph Charles Fox

Michigan Court of Appeals · Sep 10, 2020

Waiver occurs “[w]hen defense counsel clearly expresses satisfaction with a trial court’s decision.” People v Kowalski, 489 Mich 488, 503; 803 NW2d 200 (2011). … Consequently, the prosecution has failed to identify any circumstance that would establish this statement’s reliability.

People of Michigan v. Todd Allen Wheeler

Michigan Court of Appeals · Apr 24, 2018

While the qualitative nature of Pebley’s election to not challenge the joinder may not have comprised good trial strategy, it does qualify as a trial strategy; albeit not ultimately successful. … Moreover, even if Pebley could have established a meritorious basis for severance, to establish prejudice, Wheeler must demonstrate a reasonable probability that the outcome of his trial would have been different but for

Keith J Mitan v. Farmington Square Condominium Association

Michigan Court of Appeals · Jul 25, 2024

The court also found that plaintiff failed to establish entitlement to the estate’s claims under MCL 700.2404. … The applicable redemption period is otherwise set forth in MCL 559.208(2), which clearly specifies a redemption period of “6 months from the date of sale[.]”

People of Michigan v. Todd Allen Wheeler

Michigan Court of Appeals · Apr 24, 2018

While the qualitative nature of Pebley’s election to not challenge the joinder may not have comprised good trial strategy, it does qualify as a trial strategy; albeit not ultimately successful. … Moreover, even if Pebley could have established a meritorious basis for severance, to establish prejudice, Wheeler must demonstrate a reasonable probability that the outcome of his trial would have been different but for

People of Michigan v. Devanta Jamari Glasper

Michigan Court of Appeals · May 21, 2026

Neither Detective Cook nor Detective VanRhee were qualified as experts when they testified at trial. … Evidence were amended effective January 1, 2024, and although MRE 701 was slightly reworded and reformatted, the court rule still limits lay testimony to opinions rationally based on the witness’s perception and helpful to clearly

Lisa Griffey v. Department of Corrections

Michigan Court of Appeals · Jul 21, 2022

Although not clearly expressed by defendant, this argument is related to the materiality of the term “mammy” in this case. … On another occasion, Hester was asked to perform the work of an electrician, which he was not qualified to do.

Estate of Aaron Reid v. Thomas Walker

Michigan Court of Appeals · Feb 7, 2017

The photos and the measurements qualify as “hard evidence,” not the products of Wiechel’s imagination. … “When a statute’s language is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.”

Estate of Aaron Reid v. Thomas Walker

Michigan Court of Appeals · Feb 7, 2017

The photos and the measurements qualify as “hard evidence,” not the products of Wiechel’s imagination. … “When a statute’s language is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.”

People of Michigan v. Corey Dequan Broome

Michigan Court of Appeals · Feb 2, 2017

To the contrary, our cases establish that States have a valid interest in deterring and segregating habitual criminals. . . . … Defendant’s criminal record, extensive given that defendant has not been an adult for long, establishes a pattern of disregard for others and the law.

in Re Parole of Robert Erwin Stumpmier

Michigan Court of Appeals · Jul 25, 2019

The trial court concluded that, despite Stumpmier’s convictions of seven offenses of a sexual nature all of which involved underage children and his Qualified Mental Health Professional Evaluation (QMHP) which identified … However, the Legislature has clearly imposed certain statutory restrictions on the Board’s exercise of its discretion.

People of Michigan v. Matthew Joshua Keller

Michigan Court of Appeals · Jan 25, 2018

A trial court is presumed to know the law unless the contrary is clearly shown. People v Alexander, 234 Mich App 665, 675; 599 NW2d 749 (1999). … The Court stated that to qualify as predatory conduct, the conduct “must have occurred before the commission of the offense.” Id. at 160.

Douglas Spolyar v. William Beaumont Hospital

Michigan Court of Appeals · May 25, 2023

To be admissible, expert testimony must be rendered by one qualified as an expert, be reliable under MRE 702, and meet the requirements of MCL 600.2955. … And guidelines do not establish the standard of care. There is no particular publication that establishes the standard of care for the issue of basilar occlusion. Dr.

Ricky Lewis v. City of Detroit

Michigan Court of Appeals · Feb 21, 2019

It -5- clearly says Covenant.” … Plaintiff argues that healthcare providers qualify as “some other person” for purposes of this sentence.

Linda Cesarini v. Fca US LLC

Michigan Court of Appeals · Jun 27, 2019

To be sure, because of the difficulty in verifying oral promises, the statements must clearly permit a construction which supports the asserted meaning. … issue, it is not disputed that plaintiff engaged in protected activity when she filed a complaint of harassment against Laymac in 2012, that defendant was aware of the complaint, and that plaintiff’s termination in 2016 qualifies

Douglas Spolyar v. William Beaumont Hospital

Michigan Court of Appeals · May 25, 2023

To be admissible, expert testimony must be rendered by one qualified as an expert, be reliable under MRE 702, and meet the requirements of MCL 600.2955. … And guidelines do not establish the standard of care. There is no particular publication that establishes the standard of care for the issue of basilar occlusion. Dr.

Marina Soliman v. Hung Quoc Dinh

Michigan Court of Appeals · Apr 30, 2020

The burden to establish a charge’s reasonableness by a preponderance of the evidence falls on insureds and providers, not insurers. … Therefore, plaintiff cannot establish prejudice as a result of her assignment of the claim prior to the commencement of trial.

Grange Insurance Company of Mi v. Ms Escort Truck Services LLC

Michigan Court of Appeals · Jun 28, 2018

Where 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. … Accordingly, regardless whether the incident qualifies as an accident under the policies, that accident must also result from the ownership, maintenance or use of a covered auto.

Grange Insurance Company of Mi v. Ms Escort Truck Services LLC

Michigan Court of Appeals · Jun 28, 2018

Where 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. … Accordingly, regardless whether the incident qualifies as an accident under the policies, that accident must also result from the ownership, maintenance or use of a covered auto.

In Re Deblock Estate

Michigan Court of Appeals · Feb 17, 2022

Thus, according to Kenneth, because he does not qualify as a fiduciary, the trial court improperly surcharged him. … Because the power to hold a party in contempt is so great, it carries with it the equally great responsibility to apply it judiciously and only when the contempt is clearly and unequivocally shown.”