Case law

Melissa Mays v. Governor Rick Snyder

Michigan Court of Appeals · Jan 25, 2018

It is true that a plaintiff who has not suffered an injury “cannot maintain the cause of action as an individual is not qualified to represent [a] proposed class.” … Here, unlike in Rusha, application of the harsh and unreasonable consequences exception is clearly supported.

Mary Ilene McRoberts v. Kyle Andrew Ferguson

322 Mich. App. 125 · Michigan Court of Appeals · Nov 28, 2017

Specifically, defendant and his wife have addressed medical issues for the child, such as untreated cavities and immunizations. … The evidence did not clearly preponderate against the trial court’s finding that factor (d) weighed in defendant’s favor.

Admiral Insurance v. Columbia Casualty Insurance

194 Mich. App. 300 · Michigan Court of Appeals · May 18, 1992

Summary disposition pursuant to this rule should be granted only where a claim is so clearly unenforceable as a matter of law that no factual development could possibly justify a right to recovery. … None of the deposition excerpts quoted by Admiral on appeal establish the existence of a contract, breach, or unjustified instigation of a breach. See Jim-Bob, Inc, supra.

Jonathan Schirmer v. James Robert

Michigan Court of Appeals · Jul 8, 2021

This conduct qualifies as “treatment of a patient” for purposes of EMSA, and is therefore entitled to its immunity protections. … “Although the definition of medical first responder indicates that an ambulance driver may qualify for immunity under the EMSA,” this Court still had to decide whether the employee’s operation of the ambulance qualified “

in Re Application of Indiana Michigan Power Co Cert of Necessity

307 Mich. App. 272 · Michigan Court of Appeals · Oct 21, 2014

Thus, the need for the power supplied by the facility was established. … If testimony established that a management reserve was a legitimate cost associated with a qualifying project, subsection (6) would merely require that it be specified.

People v. Hampton

184 Mich. App. 434 · Michigan Court of Appeals · Jul 2, 1990

Clearly, in order to answer the specific question presented, the Supreme Court first had to resolve the broader issue of legislative intent. … We qualify our disagreement with Bettistea by emphasizing our understanding of Stoudemire that the felon’s opportunity to reform begins immediately upon *441 conviction, not sentencing.

Wynn v. Cole

91 Mich. App. 517 · Michigan Court of Appeals · Aug 6, 1979

The burden is upon the plaintiff quite clearly to show malice, and the Court cannot find, other than the testimony of the plaintiff alone, nobody else but plaintiff alone, that the defendant had a malicious intent to do her … If the evidence, when viewed in this manner, establishes a prima facie case, then a directed verdict is improper. Caldwell v Fox, 394 Mich. 401, 407 ; 231 NW2d 46 (1975).

Robert M Kolodin v. William Beaumont Hospital

Michigan Court of Appeals · Jul 23, 2019

QUALIFIED IMMUNITY A. … Under MCL 722.625, individuals who report suspected child abuse or neglect are entitled to qualified immunity.

Bradford v. Michigan

153 Mich. App. 756 · Michigan Court of Appeals · Aug 4, 1986

1985); Schroeder v Canton Twp, 145 Mich App 439, 440-441 ; 377 NW2d 822 (1985); Veeneman, supra, pp 699-700 ; Moore v City of Pontiac, 143 Mich App 610, 613 ; 372 NW2d 627 (1985), and Landry, supra, pp 22-23 . [1] However, clearly … the Court reasoned that the constitutional provision of the United States, and of the several states which declare that private property shall not be taken for public use *769 without just compensation, were intended to establish

20241203_C367975_36_367975.Opn.Pdf

Michigan Court of Appeals · Dec 3, 2024

afforded under the Eleventh Amendment and statutory or common law immunity— including qualified immunities.” … immunity to dismiss the case.

Cannarbor Inc v. Department of Treasury

Michigan Court of Appeals · Mar 25, 2025

The MMMA’s grant of immunity to primary caregivers is found in MCL 333.26424, which states, in relevant part: (b) A primary caregiver who has been issued and possesses a registry identification card … Additionally, the 2011 letter itself clearly stated that the MMMA “does not provide for state-regulated retail stores or dispensaries.”

Mantei v. Michigan Public School Employees Retirement System

256 Mich. App. 64 · Michigan Court of Appeals · May 29, 2003

This *72 standard of review is indistinguishable from the “clearly erroneous” standard of review. Id. … This evidence purportedly establishes that the school district did not employ him.

Pittsfield Charter Township v. Washtenaw County

246 Mich. App. 356 · Michigan Court of Appeals · Sep 6, 2001

Section 105 merely authorizes the craa to engage in this activity, which is not sufficient to immunize the CRAA from local regulation. … Clearly, when the Legislature desires to grant exclusive jurisdiction to a governmental unit in a particular field, it knows how to do so and has done so.

People v. Treadwell

63 Mich. App. 299 · Michigan Court of Appeals · Aug 13, 1975

Edward Benson testified that he was currently *302 in Jackson Prison for parole violation and that in return for his testimony he had been promised immunity for any charge arising out of the incident in question. … A qualified expert testified that she had compared the hair found on the gun with some hair removed from decedent’s head and found them similar in all characteristics: pigmentation, size of cuticle, size of medulla, diameter

Billy Rowe v. D/sgt Ronald Ainslie

Michigan Court of Appeals · Feb 5, 2015

To establish his immunity from these allegations, Ainslie bears the burden of demonstrating that: (a) The acts were undertaken during the course of employment and that [he] acted, or reasonably believed … The parties dispute only the question of whether Ainslie’s actions qualify as grossly negligent.

Martinez v. Ford Motor Co.

224 Mich. App. 247 · Michigan Court of Appeals · Sep 11, 1997

These state common-law damage awards would themselves become the industry standards, clearly frustrating Congress’ desire for uniformity. 2 A second method chosen by Congress to achieve the ultimate goal of reducing traffic … Otherwise, plaintiff argues, automobile “manufacturers would be immune from all claims brought by consumers injured by any restraint system or lack thereof,” and consumers would be left without a remedy.

Pugh v. Zefi

294 Mich. App. 393 · Michigan Court of Appeals · Oct 20, 2011

Turning back to the present case, the fact that plaintiff “chip[ped] in” the same amount of money each week to help defray the cost of gasoline does not in any way establish that Meadows charged plaintiff a fixed amount for … Defendant was clearly aggrieved by the circuit court’s denial of its partial motion for summary disposition, and plaintiffs jurisdictional challenge is therefore without merit.

Wolford v. Duncan

279 Mich. App. 631 · Michigan Court of Appeals · Jul 17, 2008

Setchfield as an expert witness on the issue of causation and that he was not qualified to offer this opinion. … He has not established that within a year — in 2001 or a year prior that he was doing coronary work.” The court overruled the objection.

Ruben Delgado v. State Police

Michigan Court of Appeals · Aug 18, 2025

Plaintiff contended that defendant was not entitled to qualified immunity because its acts were outside the scope of its authority. In count three, a claim of statutory conversion was raised, MCL 600.2919a. … Again, plaintiff claimed that defendant was not entitled to qualified immunity.

People v. Jones

66 Mich. App. 223 · Michigan Court of Appeals · Dec 10, 1975

Clearly, the police cannot be deterred by circumstances which they cannot foresee. … At trial, as summarized in the statement of the facts above, the testimony establishing an attempted robbery was undisputed.