KENNETH C BRACCO V ROBERT VERCRUYSSE
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STATE OF MICHIGAN
COURT OF APPEALS
KENNETH C. BRACCO and BEVERLY BRACCO,
UNPUBLISHED
Plaintiffs-Appellees/ Cross-Appellants,
v
ROBERT VERCRUYSSE and BUTZEL LONG,
P.C.,
No. 185303
Houghton Circuit Court
LC No. 93-008512-NZ
Defendants-Appellants/Cross-Appellees.
Before: O'Connell, P.J., and Sawyer and Markman, JJ.
MARKMAN, J., (concurring).
I concur with the majority opinion except that I believe its analysis concerning whether plaintiff
was a "public figure" for purposes of the libel law is unnecessary. As the majority correctly observes,
"regardless of whether Bracco was a public or private figure, a statement must be reasonably
interpreted as stating an actual fact about an individual . . ." as opposed to mere opinion. Because
defendant's statements were mere opinion -- or else were clearly factual assertions -- no libel occurred
here. It is therefore unnecessary to address the question whether plaintiff is properly characterized as a
"public" or "private" figure for purposes of the libel law.
/s/ Stephen J. Markman
-1
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