NORMAN RIOPELLE V JEFFREY ZITTEL

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STATE OF MICHIGAN COURT OF APPEALS NORMAN RIOPELLE, UNPUBLISHED May 20, 2008 Plaintiff-Appellant, No. 275403 Genesee Circuit Court LC No. 05-081732-CZ v JEFFREY ZITTEL, ANN MOSS, and LINDA KINGSTON, Defendants-Appellees. Before: O’Connell, P.J., and Borrello and Gleicher, JJ. BORRELLO, J. (concurring in part and dissenting in part). I concur with the majority that the trial court correctly dismissed plaintiff’s tort claims based on governmental immunity. I further concur with the majority that plaintiff abandoned any claim of error regarding the trial court’s dismissal of his Whistleblowers’ Protection Act claim by failing to brief the merits of his allegations of error. I disagree, however, with the majority’s decision to “reverse the trial court’s grant of summary disposition of plaintiff’s Bullard-Plawecki act claim, and remand for further proceedings consistent with this opinion concerning both the Bullard-Plawecki act claim and plaintiff’s asserted violation of the HIPAA.” I would affirm the trial court’s grant of summary disposition in all respects. /s/ Stephen L. Borrello -1-

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