DAMON KEITH LAPSLEY V R U M SEGUIN

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STATE OF MICHIGAN COURT OF APPEALS DAMON KEITH LAPSLEY, UNPUBLISHED May 25, 1999 Plaintiff-Appellant, v No. 196070 Grand Traverse Circuit Court LC No. 95-013795 NZ R.U.M. SEGUIN, C/O DEZELSKI, C/O LYONS, LT. MICKELSON, C/O GARVER, C/O STRANGE, R.U.O. HUBBARD, C/O MILLER, and WARDEN GENE BORGERT, Defendants-Appellees. Before: Griffin, P.J., and Cavanagh and Fitzgerald, JJ. MEMORANDUM. Plaintiff appeals by right from the trial court’s order granting defendants’ motion for summary disposition in this gross negligence/constitutional tort action. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). The trial court correctly granted summary disposition pursuant to MCR 2.116(C)(10) based upon plaintiff’s failure to present verifying medical evidence to establish that the delay in medical treatment had any detrimental effect upon plaintiff’s injury. E.g., Crowley v Hedgepeth, 109 F3d 500, 502 (CA 8, 1997); Beyerbach v Sears, 49 F3d 1324, 1326-1327 (CA 8, 1995); Hill v Dekalb Regional Youth Detention Ctr, 40 F3d 1176, 1188-1190 (CA 11, 1994). Affirmed. /s/ Richard Allen Griffin /s/ Mark J. Cavanagh /s/ E. Thomas Fitzgerald -1

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