Premises liability – Slip and fall — Notice
Where a plaintiff brought a premises liability action after she slipped and fell at a wedding reception held at the defendant’s hotel, summary disposition was properly entered for the defendant because...
View ArticleFamily Law – Domicile change — Consent
Where a plaintiff father appeals as of right the trial court’s consent order between the plaintiff and the defendant changing the domicile of the parties’ minor daughter to Naples, Florida, and...
View ArticleCriminal Law – Sentencing — OV 7
Where a defendant was convicted of possession of less than 25 grams of cocaine, possession of marihuana and unarmed robbery, a sentence of 8-20 years in prison for the unarmed robbery conviction must...
View ArticleCOA rules for hospital in med-mal case
A Michigan Court of Appeals panel has ruled in favor of a hospital after a plaintiff claimed his hip infection was the result of a radiology technologist not wearing a mask during a procedure.
View ArticleDomestic relations – Divorce — Arbitration
Where a divorced mother has challenged her divorce judgment, a reversal is warranted because the lower court erred by substituting its judgment for that of an arbitrator.
View ArticleNo-Fault Law – PIP — Assignment
Where a judge denied a defendant insurance company’s motion for summary disposition in a suit over personal protection insurance (PIP) benefits, the motion should have been allowed under Shah v. State...
View ArticleNo-Fault Law – PIP — Assignment
Where a judge, in a suit over personal protection insurance (PIP) benefits under the no-fault act, granted the plaintiff’s motion for leave to amend its complaint, that decision was erroneous under...
View ArticleEmployment Law – Whistleblower — Reassignment
Where a plaintiff employee claimed illegal retaliation in violation of the Whistleblowers’ Protection Act, the lower court did not err in awarding the defendant employer summary disposition.
View ArticleEmployment Law – Whistleblower — FAA regulations
Where a defendant employer was granted summary disposition on a plaintiff employee’s wrongful employment termination claim, the judgment should be upheld based on the plaintiff’s failure to show that...
View ArticleMunicipal Law – Immunity — Suicide — Unregistered firearm
Where (1) the plaintiff’s decedent attempted suicide, (2) officers of the Flint Police Department thwarted that attempt and afterward the police seized personal property including several firearms, (3)...
View ArticlePremises liability – Slip and fall — Parking
Where a defendant was awarded summary disposition in a premises liability case arising out of a slip and fall at an apartment complex, the judgment must be upheld because the location of the fall was...
View ArticlePremises liability – Slip and fall — Steps
Where a plaintiff brought claims of premises liability and negligence, an award of summary disposition for defendants should be upheld because the step that allegedly caused the plaintiff to fall was...
View ArticleNegligence – Teenager — Recreational activities doctrine
Where a plaintiff brought suit claiming to have been injured as a result of negligence on the part of the defendant, her 13-year-old cousin, summary disposition was properly entered in the defendant’s...
View ArticleMunicipal Law – Open Meetings Act — Free speech
Where plaintiffs brought a claim under the Open Meetings Act (OMA) and 42 U.S.C. §1983 alleging interference with their right to participate in meetings held by Livonia’s city council, the plaintiffs’...
View ArticleEmployment Law – Discrimination — Pretext
Where a defendant employer was awarded summary disposition on a plaintiff nurse’s claim of employment discrimination, the judgment should be upheld because the plaintiff has not shown that the...
View ArticleInsurance – Misrepresentation — Employer
Where a defendant insurance company rescinded the plaintiff’s automobile policy on the ground that the plaintiff mispresented the identity of her employer on her insurance application, that was...
View ArticleMunicipal Law – Ratepayers — Assignment
Where a plaintiff, having settled a Headlee Amendment suit against Royal Oak, sought to hold liable the defendant George W. Kuhn Drainage District, a judge did not err by awarding the defendant summary...
View ArticleReal property – Water damage — Repair costs
Where a judge ruled in favor of a plaintiff condominium association on a claim against the defendant owners of a unit, the judge’s award of $13,942.02 in repair costs must be reduced to $6,575.52.
View ArticleNegligence – Parental immunity — Restaurant
Where plaintiff brought suit over injuries he suffered at his father’s restaurant at age 5, parental immunity bars the negligence-based claims against the plaintiff’s father, but the immunity doctrine...
View ArticlePremises liability – Duty — Lawn
Where a plaintiff brought suit over his fall on an icy lawn at the defendants’ apartment complex, an award of summary disposition for the defendants should be upheld, as they had no duty to remove the...
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