Case law

Joyce v. Rubin

249 Mich. App. 231 · Michigan Court of Appeals · Apr 4, 2002

In Walker , our Court concluded that, because the plaintiffs theory of liability was based on the highway exception to governmental immunity, a statutory duty, rather than on a duty to warn, the open and obvious danger doctrine … danger doctrine, particularly because Joyce clearly appreciated the risk of harm and, nevertheless, chose to encounter the condition.

Estate of Tm v. Pam Parker Fine

Michigan Court of Appeals · Sep 19, 2024

“It is well established that governmental immunity is not an affirmative defense, but is instead a characteristic of government.” … “In order to assert a viable claim against a governmental agency, a plaintiff must plead facts establishing that an exception to governmental immunity applies to his or her claim.”

Cherry Growers, Inc. v. Agricultural Marketing & Bargaining Board

240 Mich. App. 153 · Michigan Court of Appeals · May 22, 2000

The Legislature clearly rejected a judicial review system that vested jurisdiction in the circuit courts. … Thus, if CGI qualifies as an “association,” it is not subject to arbitration.

Detroit Automobile Inter-Insurance Exchange v. Commissioner of Insurance

125 Mich. App. 702 · Michigan Court of Appeals · May 17, 1983

The independent hearing officer shall be selected by the commissioner from a list of individuals submitted by the American arbitration association qualified to conduct hearings on behalf of the commissioner. … Moreover, the issue of the agency’s statutory authority is clearly framed for the court.

Lopez v. General Motors Corp.

224 Mich. App. 618 · Michigan Court of Appeals · Oct 8, 1997

Sumner is clearly inconsistent with the standard established in Smith . … There is no tenable *636 argument that Peruski was not sufficiently qualified.

Allen v. Southeastern Michigan Transportation Authority

132 Mich. App. 533 · Michigan Court of Appeals · Mar 5, 1984

standards of physical fitness for its drivers. 49 CFR 391.41(b)(7) states that an individual is physically qualified to drive who: "Has no established medical history or clinical diagnosis of * * * arthritic * * * disease … This finding was not clearly erroneous. Affirmed. No costs, a public question being involved.

COUNTY ROAD ASSN. OF MICHIGAN v. Governor

260 Mich. App. 299 · Michigan Court of Appeals · Apr 2, 2004

It is well-established that specific tax revenues are constitutionally dedicated and protected from expenditure reductions by executive order. … Intervening plaintiffs cannot establish the likelihood that they would prevail on the merits for purposes of the preliminary injunction at issue.

Klco v. Dynamic Training Corp.

192 Mich. App. 39 · Michigan Court of Appeals · Nov 19, 1991

We do not find the court’s finding clearly erroneous. In re Goehring, 184 Mich App 360 ; 457 NW2d 375 (1990). … Careful research would have established the complete lack of support for his position. We find the court’s award of reasonable attorney fees and costs proper under both the court rule and the statute.

MacEdono-bulgarian Orthodox Church St. Clement Ohridski v. MacEdonian Patriotic Organizaton Fatherland

27 Mich. App. 713 · Michigan Court of Appeals · Nov 27, 1970

The facts of these cases are clearly set forth in the learned trial judge’s rulings. … The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.

Ellen White v. Department of Transportation

Michigan Court of Appeals · Oct 1, 2020

Plaintiff first argues that Crysler was not qualified for the sought position. The Civil Service Commission determined that Crysler was qualified to apply for the position on the basis of equivalent experience. … The timing of this change is clearly more than fortuitous; indeed, it is compelling.

Regina Mendoza v. Gary Robinson

Michigan Court of Appeals · Mar 3, 2020

However, in order to receive qualified immunity for intentional torts, a governmental employee must: raise governmental immunity as an affirmative defense and establish that (1) the employee's challenged acts … The first prong establishing that the officers were entitled to qualified immunity has thus been met. Odom, 482 Mich at 461. The second prong, that the acts were undertaken in good faith, has also been met.

Jawad a Shah Md Pc v. State Farm Mutual Automobile Insurance Co

324 Mich. App. 182 · Michigan Court of Appeals · May 8, 2018

I respectfully suggest that the majority is mistaken in its view that the addition of an allegation to establish standing when the issue is raised “commences” a new “action.” … When the doctrine of charitable immunity was overruled in Parker v.

Bahr v. Harper-Grace Hospitals

198 Mich. App. 31 · Michigan Court of Appeals · Jan 19, 1993

In cases such as this, "counsel should clearly elicit that the expert knows the standard and what the standard was before questioning as to what that standard would have required.” … The trial court abused its discretion in qualifying Drs.

Anspach v. City of Livonia

140 Mich. App. 403 · Michigan Court of Appeals · Feb 4, 1985

Plaintiff claimed that she was the most qualified person for the job and again was not hired because of her sex. … Plaintiffs complaint clearly alleged that she was qualified for the court officer position. Therefore, summary judgment was inappropriate under GCR 1963, 117.2(1).

In Re K M Brown Minor

Michigan Court of Appeals · Oct 2, 2025

Clearly, this condition was not rectified based on the record. … testified that respondent-mother was noncompliant with her substance screenings during the pendency of the case, completing only 3 out of 42 scheduled screenings and submitting 15 unscheduled drug screenings that did not qualify

In Re LACKS ESTATE

255 Mich. App. 555 · Michigan Court of Appeals · May 15, 2003

Estates which fall into this category do not qualify for the federal credit and the state cannot access a pick-up tax. … Clearly, it is the federal credit allowable for taxes paid to the state that determines the amount owed for Michigan estate tax.

Angela Eplee v. City of Lansing

Michigan Court of Appeals · Feb 19, 2019

Id. at 389.4 Furthermore, the mere fact that the same underlying facts could also establish a tort cause of action does not bar recovery for a plaintiff who successfully pleads and establishes a non-tort claim. … “Section 4(a) of the MMMA grants a ‘qualifying patient who has been issued and possesses a registry identification card’ immunity from arrest, prosecution, or penalty ‘for the medical use of marihuana in accordance with this

Karaus v. Bank of New York Mellon

300 Mich. App. 9 · Michigan Court of Appeals · Dec 20, 2012

Claims must be “so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.” Id. (quotation marks and citation omitted). … Plaintiff further averred that the property was purchased by a company, and that it clearly appeared to be an investment property.

People v. Harris

64 Mich. App. 503 · Michigan Court of Appeals · Sep 23, 1975

Defendant next contends that the receipt from the junkyard was erroneously admitted into evidence because of the absence of proper authentication as a business record qualifying as an exception to the hearsay rule. … The corpus delicti of a crime may be established by circumstantial evidence and reasonable inferences.

City of Sterling Heights v. Chrysler Group, LLC

309 Mich. App. 676 · Michigan Court of Appeals · Mar 19, 2015

A facility must meet the requirements of both MCL 324.5901 and MCL 324.5903 to qualify for an exemption certificate. … Further, the Commission’s decision was contrary to established law because it did not follow the statutory directive of MCL 324.5902(2) to obtain the MDEQ’s approval.