Michigan Supreme Court Decisions 2016

Lowrey v. LMPS & LMPJ, Inc. (Opinion on Application)  
Date: December 13, 2016
Docket Number: 153025

Justia Opinion Summary: On a snowy night, plaintiff Krystal Lowrey went with friends to defendant Woody’s Diner for drinks to celebrate St. Patrick’s Day. While exiting the diner, she fell on the stairs and injured herself. She brought this pre...

Yono v. Dept. of Transportation (Opinion - Leave Granted)  
Date: July 27, 2016
Docket Number: 150364

Justia Opinion Summary: Helen Yono brought an action in the Court of Claims against the Department of Transportation, seeking damages for injuries sustained when she stepped into a depression in a parallel-parking space and fell. The Department...

Ronnisch Construction Group, Inc. v. Lofts on the Nine, LLC (Opinion - Leave Granted)  
Date: July 26, 2016
Docket Number: 150029

Justia Opinion Summary: At issue in this case was whether plaintiff, Ronnisch Construction Group (RCG), could seek attorney fees under section 118(2), MCL 570.1118(2), of the Construction Lien Act (CLA) from defendant Lofts on the Nine, LLC (LO...

Hecht v. National Heritage Academies, Inc. (Opinion - Leave Granted)  
Date: July 26, 2016
Docket Number: 150616

Justia Opinion Summary: Defendant, National Heritage Academies, Inc., was a company that owned and operated a number of public, independently operated schools, including Linden Charter Academy (LCA) located in Flint, Michigan. Plaintiff, Craig...

Arbuckle v. General Motors, LLC (Opinion on Application)  
Date: July 15, 2016
Docket Number: 151277

Justia Opinion Summary: Plaintiff Clifton Arbuckle sustained a work-related back injury while working for General Motors Corporation (GM), and in May 1993 began receiving a disability pension. He retired that month and was subsequently awarded...

Innovation Ventures, LLC v. Liquid Manufacturing, LLC (Opinion - Leave Granted)  
Date: July 14, 2016
Docket Number: 150591

Justia Opinion Summary: In 2007, plaintiff Innovation Ventures, LLC engaged defendants Andrew Krause and K & L Development of Michigan (K & L Development) to design, manufacture, and install manufacturing and packaging equipment for the product...

In re Certified Question (Deacon v. Pandora) (Opinion on Application)  
Date: July 6, 2016
Docket Number: 151104

Justia Opinion Summary: Peter Deacon, individually and on behalf of all others similarly situated, brought an action in the United States District Court for the Northern District of California against Pandora Media, Inc., which operated an Inte...

Bernardoni v. City of Saginaw (Opinion on Application)  
Date: July 1, 2016
Docket Number: 152097

Justia Opinion Summary: Plaintiff was walking on a sidewalk in defendant city when she was injured after tripping on a 2.5-inch vertical discontinuity between adjacent sidewalk slabs. She sued defendant, alleging inter alia that the sidewalk’s...

Kozak v. City of Lincoln Park (Opinion on Application)  
Date: June 30, 2016
Docket Number: 152514

Justia Opinion Summary: Plaintiff Barbara Kozak alleged she was injured while crossing Kings Highway in Lincoln Park when she tripped over a three-inch elevation differential between the two slabs of concrete that met at the centerline of the s...

Michigan v. Hall (Opinion on Application)  
Date: June 29, 2016
Docket Number: 150677

Justia Opinion Summary: Defendant Brandon Hall was hired by a prospective judicial candidate to gather nominating signatures of qualified voters in the 2012 election for the 58th District Court. By the evening before the May 1, 2012 deadline to...

Michigan v. Feeley (Opinion on Application)  
Date: June 29, 2016
Docket Number: 152534

Justia Opinion Summary: In the early morning hours of May 5, 2014, a ruckus at a Brighton bar resulted in a call to the police. Two officers from the Brighton Police Department responded: Christopher Parks, a full-time police officer, and Dougl...

Michigan v. March (Opinion on Application)  
Date: June 23, 2016
Docket Number: 151342

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether a homeowner, or another person rightfully possessing a home, commits criminal larceny by removing fixtures from the home after it has been...

PEOPLE OF MI V SEAN HARRIS (Opinion - Leave Granted)
Date: June 22, 2016
Docket Numbers: 149872, 149873
Michigan v. Hughes (Opinion - Leave Granted)  
Date: June 22, 2016
Docket Numbers: 150042, 149872, 149873

Justia Opinion Summary: In three consolidated cases, the Michigan Supreme Court addressed the question of whether defendants’ false statements made while serving as law enforcement officers during an internal affairs investigation could be used...

Michigan v. Allen (Opinion - Leave Granted)  
Date: June 15, 2016
Docket Number: 151843

Justia Opinion Summary: As a result of a 2007 misdemeanor conviction of fourth-degree criminal sexual conduct, defendant was required to register on the Michigan Sex Offender Registry semiannually for 25 years. Defendant failed to properly regi...

Altobelli v. Hartmann (Opinion on Application)  
Date: June 13, 2016
Docket Number: 150656

Justia Opinion Summary: In 1993, plaintiff Dean Altobelli began working as an attorney for Miller, Canfield, Paddock and Stone, P.L.C. (“the Firm”). Upon joining the Firm, plaintiff signed the “Miller Canfield Operating Agreement” (“Operating A...

Hodge v. State Farm Mutual Automobile Ins. Co. (Opinion - Leave Granted)  
Date: June 6, 2016
Docket Number: 149043

Justia Opinion Summary: Linda Hodge filed suit against State Farm Mutual Automobile Insurance Company for first-party no-fault benefits related to injuries she sustained when she was struck by a car insured by State Farm. Hodge’s complaint indi...

Rock v. Crocker (Opinion - Leave Granted)  
Date: June 6, 2016
Docket Number: 150719

Justia Opinion Summary: In September 2008, plaintiff Dustin Rock fractured his right ankle while changing the brake pads on a truck. Defendant K. Thomas Crocker, D.O., a board-certified orthopedic surgeon, conducted surgery and provided postsur...

Pirgu v. Unived Services Automobile Ass'n. (Opinion on Application)  
Date: June 6, 2016
Docket Number: 150834

Justia Opinion Summary: In 2008, Feridon Pirgu sustained closed head injuries after he was struck by a car driven by an insured of defendant, United Services Automobile Association. Plaintiff, Feridon’s wife Lindita, was appointed as his guardi...

Michigan v. Gloster (Opinion on Application)  
Date: May 24, 2016
Docket Number: 151048

Justia Opinion Summary: Defendant Antonio Gloster was convicted by jury of aiding and abetting armed robbery. Defendant had driven four men to a market in Hamtramck. While defendant stayed in the car, two of the men assaulted a woman and attemp...

Associated Builders & Contractors v. City of Lansing (Opinion - Leave Granted)  
Date: May 17, 2016
Docket Number: 149622

Justia Opinion Summary: Defendant city of Lansing enacted an ordinance requiring contractors working on city construction contracts to pay employees a prevailing wage. Plaintiff Associated Builders and Contractors, a trade association, filed su...

Wyandotte Electric Supply Co. v. Electrical Technology Systems, Inc. (Opinion - Leave Granted)  
Date: May 3, 2016
Docket Number: 149989

Justia Opinion Summary: In 2009 and 2010, the south wing of the Detroit Public Library was renovated. Defendant KEO & Associates, Inc. (KEO) was the principal contractor for this project. Defendant Westfield Insurance Company supplied KEO with...

Michigan v. Seewald (Opinion - Leave Granted)  
Date: April 25, 2016
Docket Number: 150146

Justia Opinion Summary: Defendant Paul Seewald and alleged coconspirator Don Yowchuang worked in the district office of former Congressman Thaddeus McCotter during McCotter’s 2012 reelection campaign. Michigan election law required McCotter to...

Bank of America, NA v. First American Title Ins. Co. (Opinion - Leave Granted)  
Date: April 13, 2016
Docket Number: 149599

Justia Opinion Summary: Plaintiff Bank of America brought an action against First American Title Insurance Company, Westminster Abstract Company, and others, alleging breach of contract and negligent misrepresentation in connection with mortgag...

Michigan v. Dunbar (Opinion on Application)  
Date: March 29, 2016
Docket Number: 150371

Justia Opinion Summary: This case arose out of a traffic stop of defendant Charles Dunbar made after police officers observed that his vehicle’s registration plate was partially obstructed by a bumper-mounted towing ball, a civil infraction und...

Michigan v. Triplett (Opinion on Application)  
Date: March 28, 2016
Docket Number: 151434

Justia Opinion Summary: Jason Triplett was convicted by jury on counts of domestic violence, carrying a concealed weapon and felonious assault. The charges arose after he threatened to use his utility knife to escape from two men who had stoppe...

Beck v. Park West Galleries, Inc. (Opinion on Application)  
Date: March 24, 2016
Docket Number: 151687

Justia Opinion Summary: Brian Beck, Audrey Mahoney, David and Felice Oppenheim, Patty Brown, and others brought an action in the Oakland Circuit Court against Park West Galleries, Inc., and others, alleging, inter alia, breach of contract and f...

Jesperson v. Auto Club Insurance Association (Opinion - Leave Granted)  
Date: March 21, 2016
Docket Number: 150332

Justia Opinion Summary: Alan Jesperson was injured in a motor vehicle accident when his motorcycle was struck from behind by a vehicle owned by Mary Basha and driven by Matthew Badelalla while Badelalla was making deliveries for Jet’s Pizza. Au...

Ehler v. Mirsa (Opinion on Application)  
Date: February 8, 2016
Docket Number: 150824

Justia Opinion Summary: In this medical malpractice case, the issue on appeal to the Michigan Supreme Court was whether the circuit court abused its discretion by excluding plaintiff’s expert medical testimony under MRE 702. The circuit court g...

Pace v. Edel-Harrison (Opinion on Application)  
Date: February 1, 2016
Docket Number: 151374

Justia Opinion Summary: The issue this case presented for the Supreme Court's review in this matter focused on the application of Michigan's Whistleblowers' Protection Act (WPA) to an employee who alleged that she was terminated because she rep...

Lego v. Liss (Opinion - Leave Granted)  
Date: January 4, 2016
Docket Numbers: 149246, 149247

Justia Opinion Summary: During an attempted apprehension of an armed-robbery suspect, defendant-police officer Jake Liss shot a fellow officer, plaintiff Michael Lego. Lego and his spouse Pamela filed suit against defendant, asserting gross neg...

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