Restaurant owner faces suit from son after meat grinder injury
A Michigan Court of Appeals panel partially affirmed and reversed a Wayne County Circuit Court ruling on a case that involves a then-5-year-old who had to have a hand amputated after getting it caught...
View ArticleNo-Fault Law – Solicitation
Where a defendant insurance company was awarded summary disposition on a plaintiff’s claims for personal protection insurance (PIP) benefits pursuant to the no-fault act, a reversal is warranted...
View ArticleCommercial Law – Payment due date — ‘Course of dealing’
Where a plaintiff supplier was awarded summary disposition in a breach-of-contract suit, the judgment should be upheld despite the defendant’s assertion that there is a genuine issue of material fact...
View ArticleCriminal Law – Collateral estoppel — Child protective proceeding
Where a defendant was charged with first-degree criminal sexual conduct and second-degree criminal sexual conduct, it was error for the lower court to dismiss the charges based on findings of fact in a...
View ArticleFamily Law – Custody, support and parenting time
Where a plaintiff mother has appealed the trial court’s judgment for custody, support and parenting time that awarded the parties joint custody and equal parenting time of their minor child, the...
View ArticleNo-Fault Law – Assignments — One-year-back rule
Where healthcare providers challenge the circuit court’s decision denying their motions to amend their complaints to comply with Covenant Med Ctr, Inc, v State Farm Mut Auto Ins Co, 500 Mich 191, 218;...
View ArticleNegligence – Automobile — Impairment of important body function
Where a defendant driver was granted summary disposition in a third-party automobile negligence matter, the trial court did not err in determining that there was no objectively manifested impairment of...
View ArticleCriminal Law – Sentencing — Indecent exposure
Where a defendant convicted of indecent exposure by a sexually delinquent person was sentenced to 25-70 years in prison, the defendant must be resentenced, as the trial court was not aware of its range...
View ArticleInsurance – Subrogation — Third-party beneficiaries
Where (1) a fire occurred at a storage facility, (2) plaintiff insurance companies paid claims to insureds who owned farm equipment that was stored at the facility at the time of the fire and (3) the...
View ArticleCOA: Crash didn’t cause plaintiff’s medical woes
Summary disposition was granted to the defendant after a car accident as a split Michigan Court of Appeals panel decided that a plaintiff’s “myriad of maladies” was unrelated to the crash.
View ArticleFamily Law – Custody — Out-of-state judgment
Where a circuit court judge enforced a Massachusetts child custody judgment in favor of a petitioner-mother pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), there was no...
View ArticleWills and trusts – Contempt — Deed
Where a decedent’s daughter, serving as co-personal representative of her estate and co-trustee of her trust, was held in criminal contempt for refusing to sign a deed transferring certain property...
View ArticleEmployment Law – ADA — Sovereign immunity — State police
Where a plaintiff state trooper brought suit alleging a failure to accommodate his disability, the defendant Department of State Police should have been granted summary disposition on the plaintiff’s...
View ArticleNo-Fault Law – Assignment — MAIPF
Where a plaintiff injured in a car accident filed a motion to file an amended complaint in order to add a cause of action against the Michigan Automobile Insurance Placement Facility for failure to...
View ArticleNo-Fault Law – Fees — Guardianship
Where the guardians of a child injured in a car accident requested a respondent insurance company to reimburse them for counsel fees, a Probate Court decision to allow that request should be affirmed,...
View ArticleNo-Fault Law – PIP — Indemnification
Where (1) a plaintiff was injured when a garbage truck struck a city-owned bus in which he was riding, (2) the city paid the plaintiff personal injury protection benefits and (3) the city then filed a...
View ArticleFamily Law – Termination — Jurisdiction
Where the parental rights of a mother and father were terminated, the trial court properly exercised temporary emergency jurisdiction under MCL 722.1204.
View ArticleCriminal Law – Self-defense — Felony-firearm
Where a jury trial convicted defendant of possession of a firearm during the commission of a felony, the conviction should be upheld despite the defendant’s claim that he acted in self-defense.
View ArticleFamily Law – Adoption — Grandparents
Where the superintendent of Michigan Children’s Institute denied consent for petitioners to adopt their grandson, the petitioners failed to present clear and convincing evidence that the...
View ArticleFamily Law – Termination of parental rights
Where a mother’s parental rights to two children were terminated, the trial court did not clearly err by finding that the Department of Health and Human Services made reasonable efforts at...
View Article