Case law

Cassidy v. McGovern

86 Mich. App. 321 · Michigan Court of Appeals · Oct 3, 1978

The Court clearly appeared to be distinguishing between impairment and serious impairment. A trial court does not err in refusing to charge as to a particular party’s theory of another case. … II Plaintiffs contend the trial judge erred in refusing to advise the jury that defendants had limited immunity because they acquired and maintained proper security for payment.

People of Michigan v. Benjamin Keith McKewen

326 Mich. App. 342 · Michigan Court of Appeals · Oct 25, 2018

Meldrum was qualified to offer his opinion regarding the cause of Zarkin's wound. C. … On interlocutory appeal, this Court concluded that the prosecution had not shown sufficient evidence to establish that the defendant acted without malice. People v. Doss , 78 Mich. App. 541 , 549, 260 N.W.2d 880 (1977).

Knoke v. East Jackson Public School District

201 Mich. App. 480 · Michigan Court of Appeals · May 26, 1993

Knoke did not establish that the union breached its duty to fairly represent him. … Knoke argues that the record clearly shows that the union intended to pursue his grievances but failed to comply with the time limits, or decided to abandon the grievances in bad faith.

20250127_C366510_45_366510.Opn.Pdf

Michigan Court of Appeals · Jan 27, 2025

An exception to immunity is established if the provision of services constituted, inter alia, gross negligence or willful misconduct. … Through other subsections, the Act clearly defines ‘health care services’ and ‘health care facility’ as used in the statute.

Clay v. Doe

311 Mich. App. 359 · Michigan Court of Appeals · Jul 14, 2015

MCR 2.116(C)(7) permits summary disposition “because of release, payment, prior judgment, [or] immunity granted by law . . .” MCR 2.116(C)(7). … In a civil suit, the court also looks to “whether the decision [to be applied retroactively] clearly established a new principle of law.”

Nanasi v. General Motors Corp.

56 Mich. App. 652 · Michigan Court of Appeals · Nov 26, 1974

A motion by Bethlehem for summary judgment on the basis of workmen’s compensation immunity 1 was granted by the trial judge on June 5, 1970, eliminating Bethlehem as a primary defendant. … Although the magic words "vicarious liability” are absent, plaintiff has adequately pled the existence and causal nature of inherently dangerous activities sufficient to establish, if proven at trial, vicarious liability

Oscar Goodwin v. City of Detroit

Michigan Court of Appeals · Dec 27, 2018

In reviewing a (C)(8) motion, this Court accepts as true all factual allegations in the claim “to determine whether the claim is so clearly unenforceable as a matter of law that no factual development could establish the … If the plaintiff pleaded an intentional tort, the question is whether the defendant established that he is entitled to individual governmental immunity by showing the following: (a) The acts were undertaken during

Richard McCoy v. Berrien County Clerk

Michigan Court of Appeals · Oct 19, 2023

Signature comparisons shall be made with the digitized signature in the qualified voter file. … -7-  The language of MCL 168.954(1) establishes that a signer of a recall petition must provide an address for the signature to be valid.

Hopkins v. City of Midland

158 Mich. App. 361 · Michigan Court of Appeals · Mar 3, 1987

(c) What facts must be established in order to state a prima facie case under the act? … It appears the plaintiff was qualified for the position.

Attorney General v. Professional Psychological Consultants, Inc.

128 Mich. App. 564 · Michigan Court of Appeals · Aug 25, 1983

The department itself is charged with maintaining such records and any of *568 its employees should be considered qualified to disseminate such information. … Ahmed was clearly set forth. The relationship alone illustrates that they would be in an excellent position to know the truth of what they said.

Consumers Power Co. v. Association of Businesses Advocating Tariff Equity

205 Mich. App. 571 · Michigan Court of Appeals · Jun 7, 1994

We find that the reasonably incurred uncollectible expenses are expenses the psc can consider in determining and establishing reasonable rates. … Although the title of the act does not say anything about eaps or surcharges in utility rates, the eaps are clearly "related to public welfare services.”

Gaynes v. Allen

128 Mich. App. 42 · Michigan Court of Appeals · Aug 16, 1983

Although the article did not contain plaintiff’s name, it clearly concerned plaintiff’s optometric treatment of oral surgeon Herbert J. Bloom. The article, written by Dr. … (1977); Gutman, The Attempt to Develop an Appropriate Standard of Liability for the Defamation of Public and Private People: The Supreme Court and the Federalization of Libel Law, 10 N C Central LJ 201 (1978); Spencer, Establishment

Grebner v. State

277 Mich. App. 220 · Michigan Court of Appeals · Jan 31, 2008

" qualifies as a public record of the state. … The secretary of state shall establish the technology to implement the qualified voter file on or before January 1, 1997.

20230202_C358189_49_358189.Opn.Pdf

Michigan Court of Appeals · Feb 2, 2023

Plaintiff argues that the MCRC’s argument that plaintiff’s claim does not satisfy the motor vehicle exception to governmental immunity in MCL 691.1405 is actually an argument that plaintiff cannot establish negligence, and … In sum, these statutes do not establish a sort of immunity from suit or an excuse to be negligent.

Featherly v. Teledyne Industries, Inc

194 Mich. App. 352 · Michigan Court of Appeals · May 18, 1992

To establish a prima facie case of age discrimination, the plaintiff must show that (1) he was a member of a protected class, (2) he was discharged, (3) he was qualified for the position, and (4) he was replaced by a younger … In the case of Featherly, there was evidence presented that he was qualified for the position of supervisor of the consolidated departments.

Nolan v. Department of Licensing & Regulation

151 Mich. App. 641 · Michigan Court of Appeals · May 19, 1986

Thus, the terms "board” and "task force,” as used in the Public Health Code, are clearly not interchangeable. … The state has discretion, founded on its police powers, to determine whether a person is properly qualified to continue holding a license, Latreille, supra, p 445 .

In Re Search Warrant on 5000 Northwind Drive

128 Mich. App. 564 · Michigan Court of Appeals · Aug 25, 1983

The department itself is charged with maintaining such records and any of *568 its employees should be considered qualified to disseminate such information. … Ahmed was clearly set forth. The relationship alone illustrates that they would be in an excellent position to know the truth of what they said.

People v. White

40 Mich. App. 433 · Michigan Court of Appeals · May 1, 1972

Clearly, if defendant’s condition prevented him from knowing what he was doing at the time he committed the act, it would also prevent him from knowing right from wrong. … We therefore hold that if it was established that defendant was suffering from the condition described by Dr.

Angelena Joy McConchie v. Joshua David Voight

Michigan Court of Appeals · Sep 15, 2015

These requirements are well-known and clearly set out in Vodvarka v Grasmeyer, 259 Mich App 499; 675 NW2d 847 (2003). … Indeed, the court held that the judge could be sued individually because giving authority to someone else to issue orders under her authority was an “administrative act” and not a “judicial act” protected by immunity.

Prysak v. R L Polk Co.

193 Mich. App. 1 · Michigan Court of Appeals · Feb 3, 1992

The Court in Rowe determined that oral statements made to the plaintiff at her initial *8 interview that as long as she sold, she would have a job at Montgomery Ward did not clearly indicate an intent to form a contract to … The trial court correctly determined that the letter written by Crestwood Dodge was subject to a qualified privilege.