Michigan Supreme Court Decisions 2023

In Re Tracy E. Green, Judge (Opinion - Leave Granted)  
Date: July 31, 2023
Docket Number: 162260

Justia Opinion Summary: The Judicial Tenure Commission (the JTC) filed a formal complaint against Third Circuit Court Judge Tracy E. Green, alleging that she covered up evidence of child abuse (Count I) and that she made false statements about…

Michigan v. Posey (Opinion on Application - Remand to CoA)  
Date: July 31, 2023
Docket Number: 162373

Justia Opinion Summary: Defendant Dametrius Posey and a codefendant were tried jointly before a jury on multiple counts of assault with intent to murder; assault with intent to commit great bodily harm less than murder; carrying a weapon with…

Michigan v. Stewart (Opinion on Application - Remand to TC)  
Date: July 31, 2023
Docket Number: 162497

Justia Opinion Summary: Joshua L-J Stewart was convicted by jury on three counts of armed robbery; assault with intent to commit murder; receiving and concealing stolen property valued between $1,000 and $20,000; and possession of a firearm…

Vectren Infrastructure Services Corp v. Department Of Treasury (Opinion on Application - Remand to TC)  
Date: July 31, 2023
Docket Number: 163742

Justia Opinion Summary: Vectren Infrastructure Services Corporation, the successor in interest to Minnesota Limited, Inc. (ML), sued the Department of Treasury (the Department) in the Michigan Court of Claims, alleging that the Department had…

Andary v. USAA Casualty Insurance Company (Opinion - Leave Granted)  
Date: July 31, 2023
Docket Number: 164772

Justia Opinion Summary: Michael Andary, conservator and guardian of Ellen Andary; Ronald Krueger, guardian of Philip Krueger; and Moriah, Inc., doing business as Eisenhower Center, brought an action against USAA Casualty Insurance Company and…

Michigan v. King (Opinion on Application - Remand to TC)  
Date: July 28, 2023
Docket Number: 162327

Justia Opinion Summary: Frank King was charged as a fourth-offense habitual offender with breaking and entering. Before trial, defendant moved to proceed in propria persona and to terminate his relationship with his appointed counsel. The trial…

Kandil-Elsayed v. F & E Oil, Inc. (Opinion on Application - Remand to TC)  
Date: July 28, 2023
Docket Numbers: 162907, 163430

Justia Opinion Summary: Two cases consolidated for the Michigan Supreme Court's review involved premises liability, specifically slip-and-fall instances where plaintiffs both argued while the hazards were open and obvious, they were…

Cramer v. Transitional Health Services (Opinion - Leave Granted)  
Date: July 28, 2023
Docket Number: 163559

Justia Opinion Summary: Agnes Cramer petitioned for workers’ compensation benefits for the alleged physical and mental injuries she sustained after suffering an electrical shock and falling from a ladder while working for Transitional Health…

Michigan v. Yeager (Opinion on Application - Remand to TC)  
Date: July 27, 2023
Docket Number: 164055

Justia Opinion Summary: Defendant Menayetta Yeager was convicted by jury of first-degree murder, and carrying a firearm during the commission of a felony in connection with the shooting death of her boyfriend, Jonte Brooks. In 2017, Brooks…

Woodman v. Department Of Corrections (Opinion on Application - Remand to TC)  
Date: July 26, 2023
Docket Number: 163382

Justia Opinion Summary: Two freelance journalists, Spencer Woodman and George Joseph, brought separate actions at the Michigan Court of Claims against the Michigan Department of Corrections (the MDOC), arguing that the MDOC wrongfully denied…

Sunrise Resort Association, Inc. v. Cheboygan County Road Commission (Opinion on Application - Remand to TC)  
Date: July 24, 2023
Docket Number: 163949

Justia Opinion Summary: The plaintiffs brought this action after the defendant modified a storm water drainage system, allegedly causing flooding onto their property. The plaintiffs raised two distinct claims that remained at issue on appeal: a…

Pueblo v. Haas (Opinion - Leave Granted)  
Date: July 24, 2023
Docket Number: 164046

Justia Opinion Summary: Carrie Pueblo brought an action against her former domestic partner, Rachel Haas seeking joint custody and parenting time for a child whom Haas conceived through in vitro fertilization and gave birth to in 2008, during…

In re Parole of Richard Allen McBrayer (Opinion - Leave Granted)  
Date: July 24, 2023
Docket Number: 164311

Justia Opinion Summary: The Macomb County Prosecutor sought to appeal the Parole Board’s grant of parole to Richard McBrayer, a prisoner under the jurisdiction of the Department of Corrections. The Parole Board intervened. In 1994, McBrayer…

Michigan v. Guyton (Opinion on Application - Remand to TC)  
Date: July 18, 2023
Docket Number: 163700

Justia Opinion Summary: Defendant Candace Guyton pled guilty to one count of armed robbery. As part of the plea deal, the prosecution agreed not to pursue charges against defendant in an unrelated case and to recommend a sentence within the…

Michigan v. Yarbrough (Opinion - Leave Granted)  
Date: July 14, 2023
Docket Number: 161513

Justia Opinion Summary: Robert Yarbrough, Jr., was convicted by jury of: kidnapping; assault with intent to do great bodily harm; felonious assault; and three counts of first-degree criminal sexual conduct. During voir dire, the trial court…

Ottgen v. Katranji (Opinion - Leave Granted)  
Date: July 14, 2023
Docket Number: 163216

Justia Opinion Summary: Candi Ottgen and her husband brought a medical malpractice action against Abdalmaijid Katranji, M.D., and others, alleging that Katranji had negligently performed two thumb surgeries on her, first on May 1, 2017, the…

Galvan v. Poon (Opinion on Application - Remand to TC)  
Date: July 12, 2023
Docket Number: 163741

Justia Opinion Summary: Reyes Galvan and Minhwa Kim sued Yam Foo Poon, Hwai-Tzu Hong Poon, and Daniel Poon alleging fraud, misrepresentation, fraudulent concealment, silent fraud, innocent misrepresentation, loss of consortium, and breach of a…

MSSC, Inc v. Airboss Flexible Products Co. (Opinion - Leave Granted)  
Date: July 11, 2023
Docket Number: 163523

Justia Opinion Summary: MSSC, Inc., sued Airboss Flexible Products Co., alleging anticipatory breach of contract and seeking to enforce a purchase order between the parties after Airboss threatened to stop filling orders unless MSSC agreed to a…

Kostadinovski v. Harrington (Opinion on Application - Remand to TC)  
Date: July 6, 2023
Docket Number: 162909

Justia Opinion Summary: Drago and Blaga Kostadinovski brought a medical malpractice action against Steven Harrington, M.D. and Advanced Cardiothoracic Surgeons, PLLC, asserting six specific theories with respect to how the doctor breached the…

Soaring Pine Capital Real Estate v. Park Street Group Realty (Opinion on Application - Remand to TC)  
Date: June 23, 2023
Docket Number: 163320

Justia Opinion Summary: Soaring Pine Capital Real Estate and Debt Fund II, LLC, filed suit against Park Street Group Realty Services, LLC; Park Street Group, LLC; and Dean Groulx, alleging multiple counts of breach of contract and fraud.…

Wilmore-Moody v. Zakir (Opinion on Application - Remand to TC)  
Date: May 31, 2023
Docket Number: 163116

Justia Opinion Summary: Adora Wilmore-Moody, individually and as next friend of her minor son, brought an action against Mohammed Zakir and Everest National Insurance Company, alleging that Zakir had negligently rear-ended her vehicle, and…

Christie v. Wayne State University (Opinion on Application - Remand to TC)  
Date: May 2, 2023
Docket Number: 162706

Justia Opinion Summary: In 2019, Susan Christie filed suit against Wayne State University, asserting age and disability discrimination under the Elliott-Larsen Civil Rights Act (the ELCRA); and the Persons with Disabilities Civil Rights Act…

Elia Companies, LLC v. University Of Michigan Regents  
Date: May 2, 2023
Docket Number: 162830

Justia Opinion Summary: Elia Companies, LLC, filed suit against the University of Michigan Regents, alleging breach of contract; violations of Michigan’s anti-lockout statute; breach of covenant for quiet possession; constructive eviction;…

Stirling v. County of Leelanau (Opinion on Application - Reverse CoA)  
Date: March 24, 2023
Docket Number: 162961

Justia Opinion Summary: Plaintiff-appellant Mack Stirling lived in Leelanau County, Michigan since 1990. Petitioner’s wife, Dixie, owned two rental properties in Utah. The Stirlings filed joint tax returns for the pertinent tax years of 2016 to…

Michigan v. Dupree (Opinion on Application - Remand to TC)  
Date: March 21, 2023
Docket Number: 161589

Justia Opinion Summary: Defendant Roberto Dupree and two accomplices robbed a store in Clinton Township, Michigan in late 2012. Only one of the three robbers was armed.The issue in this case was the proper scoring of Offense Variables 1 and 2,…

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