SHARON ANN LOCKWOOD V DENNIS ARNOLD WNUK
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STATE OF MICHIGAN
COURT OF APPEALS
SHARON ANN LOCKWOOD and DAVIE
LOCKWOOD,
UNPUBLISHED
February 21, 2003
Plaintiffs-Appellants,
v
No. 237088
Lapeer Circuit Court
LC No. 00-027977-NI
DENNIS ARNOLD WNUK,
Defendant-Appellee.
Before: Bandstra, P.J., and Murphy and Griffin, JJ.
BANDSTRA, P.J. (concurring in part and dissenting in part).
I would reverse the order granting summary disposition to defendant and remand for
further proceedings as to all of plaintiffs’ claims. I do so only because, as explained by Judge
Griffin’s concurring opinion, defendant’s motion lacked the admissible evidentiary support
required by the rules. As is also pointed out, plaintiffs failed to object on this basis but instead
responded in kind. The result is a record devoid of the kind of evidence we need to review
whether a genuine issue of material fact exists as to plaintiffs’ claims. Thus, unlike my
colleagues, I would conclude that the trial court erred in granting summary disposition to
defendant on any of plaintiffs’ injury claims.
I express no opinion on whether, should defendant produce on remand admissible
evidence consistent with the inadmissible documentation so far produced, summary disposition
would be warranted against plaintiffs’ claims, in whole or in part. I further express no opinion
on whether, should it be determined following trial that the statutory threshold is satisfied as to
some but not all of plaintiffs’ injuries, plaintiffs would be entitled to noneconomic damages
arising out of all the injuries.
/s/ Richard A. Bandstra
-1-
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