Justia Michigan Supreme Court Opinion Summaries

Kenneth Bertin brought an action against Douglas Mann alleging that Mann was negligent in operating a golf cart when he hit Bertin with the cart while the parties were playing a round of golf. The parties offered differing accounts of how the accident occurred. Bertin alleged that he had parked the cart and begun walking to his ball when he was suddenly struck by the cart driven by Mann, at which point Bertin fell to the ground and was hit a second time with the cart. Mann alleged that when he began accelerating, Bertin stepped in front of the cart and was hit. At issue in this case was whether getting hit by a golf cart is an inherent risk of golfing. If so, then Mann owed a duty only to refrain from reckless misconduct, but could not be held liable for negligent conduct. If not, then Mann would be held to the negligence standard of conduct. "The question boils down to how we determine which risks in a recreational activity are inherent, such that the reckless standard of conduct applies." The Court of Appeals answered this question by meditating upon golf’s essence and discerning that golf carts are not within the essence of the sport. The Michigan Supreme Court declined to endorse this philosophical mode of analysis. Instead, the Court held when determining whether a risk is inherent in a recreational activity for purposes of establishing the relevant standard of conduct, the fact-finder should ask whether the risk was reasonably foreseeable. Because the courts below did not apply this test, the Court reversed the appellate court's judgment and remanded the case to the trial court for consideration of this issue. View "Bertin v. Mann" on Justia Law

As part of defendant Virgil Smith's plea deal, he agreed to resign his position as a state senator and not seek public office during his five-year probationary term. While serving as a state senator, in May 2015, defendant fired his rifle at his ex-wife’s car and into the air in her presence. He was charged with felonious assault; domestic violence; malicious destruction of personal property (worth $20,000 or more); and felony-firearm. After reviewing the agreement, the trial court determined that the terms of the plea violated the separation-of-powers doctrine and public policy. It struck down the terms but, over the prosecutor’s objection, enforced the rest of the plea deal. The Court of Appeals affirmed. The Michigan Supreme Court granted certiorari review to decide whether the resignation and bar-to-office provisions of the plea deal were enforceable, and if not, whether the trial court erred by refusing to allow the prosecutor to withdraw from the deal. The Court held: (1) the question regarding the resignation provision was moot and therefore the Court declined to reach it, and instead vacated the Court of Appeals’ discussion of that issue; (2) the bar-to-office provision was unenforceable as against public policy; and (3) the trial court erred by not permitting the prosecutor to withdraw from the plea agreement. View "Michigan v. Smith" on Justia Law

Defendant Lonnie Arnold masturbated in front of an employee at the Monroe Public Library in January 2014. He was charged with aggravated indecent exposure, MCL 750.335a(2)(b), indecent exposure by a sexually delinquent person, MCL 750.335a(2)(c), and also with being a fourth-offense habitual offender, MCL 769.12. He was convicted after a jury trial on both substantive indecent-exposure counts. At sentencing, the Department of Corrections (DOC) recommended defendant serve 225 months to 40 years in prison on the count of indecent exposure by a sexually delinquent person, to be served concurrently with 2 to 15 years on the aggravated indecent-exposure count. At sentencing, defense counsel asked that defendant be given “1 day to life.” The issue this case presented for the Michigan Supreme Court's review was whether individuals convicted of being “sexually delinquent persons” must be given a “1 day to life” prison sentence in accordance with MCL 750.335a(2)(c). The Court concluded that a “1 day to life” sentence has never been required by the statutory scheme, overruling the Court of Appeals’ contrary conclusion in Michigan v Campbell, 894 NW2d 72 (2016), and remanded this case to the Court of Appeals for reconsideration in light of its conclusion. View "Michigan v. Arnold" on Justia Law

Plaintiffs were financing companies that sought tax refunds under Michigan’s bad-debt statute, MCL 205.54i, for taxes paid on vehicles financed through installment contracts. Defendant Department of Treasury (the Department) denied the refund claims on three grounds: (1) MCL 205.54i excluded debts associated with repossessed property; (2) plaintiffs failed to provide RD-108 forms evidencing their refund claims; and (3) the election forms provided by plaintiff Ally Financial Inc. (Ally), by their terms, did not apply to the debts for which Ally sought tax refunds. The Court of Claims and the Court of Appeals affirmed the Department’s decision on each of these grounds. The Michigan Supreme Court held the Court of Appeals erred by upholding the Department’s decision on the first and third grounds but agreed with the Court of Appeals’ decision on the second ground. Accordingly, the Court of Appeals was affirmed as to the second ground, and the matter reversed in all other respects. The case was remanded to the Court of Claims for further proceedings. View "Ally Financial, Inc. v. Michigan State Treasurer" on Justia Law

AK Steel operated a steel mill within the Ford Rouge Manufacturing complex in Dearborn, Michigan. The steel mill was subject to air pollution control and permitting requirements under the federal Clean Air Act, and the Natural Resources and Environmental Protection Act (NREPA). South Dearborn Environmental Improvement Association, Inc. (South Dearborn) and several other environmental groups petitioned for judicial review of a decision of the Department of Environmental Quality (DEQ) to issue a permit to install (PTI) for an existing source under NREPA. In 2006, the DEQ issued Severstal Dearborn, LLC (the mill's prior owner) a PTI that authorized the rebuilding of a blast furnace and the installation of three air pollution control devices at the steel mill. In the years that followed, the permit was revised twice; each successive permit modified and replaced the preceding permit. Emissions testing performed in 2008 and 2009 revealed that several emission sources at the steel mill exceeded the level permitted. The DEQ sent Severstal a notice of violation, and after extended negotiations, they entered into an agreement, pursuant to which Severstal submitted an application for PTI 182- 05C, the PTI at issue in this case. The DEQ issued the permit on May 12, 2014, stating that the purpose of PTI 182-05C was to correct inaccurate assumptions about preexisting and projected emissions and to reallocate emissions among certain pollution sources covered by the PTI. On July 10, 2014, 59 days after PTI 182-05C was issued, South Dearborn and several other environmental groups appealed the DEQ’s decision in the circuit court. The issue for the Michigan Supreme Court's review reduced to how long an interested party has to file a petition for judicial review of a DEQ decision to issue a permit for an existing source of air pollution. The Supreme Court held MCL 324.5505(8) and MCL 324.5506(14) provided that such a petition must be filed within 90 days of the DEQ’s final permit action. Therefore, the circuit court correctly denied AK Steel Corporation’s motion to dismiss pursuant to MCR 2.116(C)(1) because the petition for judicial review was timely filed 59 days after the final permit action in this case. View "South Dearborn Environmental Improvement Assn. v. Dept. of Env. Quality" on Justia Law

Plaintiff Ali Bazzi, was injured while driving a vehicle owned by his mother, third-party defendant Hala Baydoun Bazzi, and insured by defendant Sentinel Insurance Company (Sentinel). Plaintiff sued Sentinel for mandatory personal protection insurance (PIP) benefits under Michigan’s no-fault act, and Sentinel sought and obtained a default judgment rescinding the insurance policy on the basis of fraud. The issue this case presented for the Michigan Supreme Court was whether the judicially created innocent-third-party rule, which precludes an insurer from rescinding an insurance policy procured through fraud when there is a claim involving an innocent third party, survived its decision in Titan Ins Co v. Hyten, 817 NW2d 562 (2012), which abrogated the judicially created easily-ascertainable-fraud rule. The Supreme Court held "Titan" abrogated the innocent-third-party rule but that the Court of Appeals erred when it concluded that Sentinel was automatically entitled to rescission in this instance. Accordingly, the Court affirmed in part, reversed in part, and remanded to the trial court to consider whether, in its discretion, rescission was an available remedy. View "Bazzi v. Sentinel Ins. Co." on Justia Law

Defendant Lovell Sharpe was charged with two counts of first-degree criminal sexual conduct (CSC), two counts of third-degree CSC, and one count of fourth-degree CSC, based on allegations that he engaged in sexual penetration and conduct with the 14-year-old complainant, DM. Defendant was in a relationship with DM’s mother through early 2015, and he fathered DM’s two halfsiblings. Defendant did not reside with DM’s mother and the three children during his relationship with DM’s mother. At issue in this case was whether the rape-shield statute, MCL 750.520j, precluded the prosecutor from admitting evidence of a complainant’s pregnancy, abortion, and lack of other sexual partners during a criminal-sexual-conduct prosecution. On interlocutory appeal, the Court of Appeals held that evidence of the complainant’s lack of other sexual partners was not subject to the rape-shield statute and was otherwise admissible under the Michigan Rules of Evidence. As to evidence of the complainant’s pregnancy and abortion, the Court held that this evidence fell under the purview of the rape-shield statute but was admissible pursuant to the statute’s exception for evidence of the victim’s past sexual conduct with the actor. The Michigan Supreme Court agreed the entirety of the evidence offered was admissible, but that none of the evidence fell within the scope of the rape-shield statute. Furthermore, the Court held the entirety of the evidence was otherwise admissible under the Michigan Rules of Evidence. Therefore, the Court rejected the Court of Appeals’ reasoning, but affirmed its conclusion that the offered evidence was admissible. View "Michigan v. Sharpe" on Justia Law

Plaintiff David McQueer brought a negligence action against his employer, Perfect Fence Company, to recover damages after he was injured on the job. Perfect Fence moved for summary judgment on the ground that the exclusive-remedy provision of the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., barred plaintiff’s action. Plaintiff responded that his action was not barred because defendant had violated MCL 418.611 by failing to procure workers’ compensation coverage for him and had violated MCL 418.171 by encouraging him to pose as a nonemployee. Plaintiff additionally moved to amend his complaint to add claims of intentional tort and breach of an employment contract. Plaintiff argued that the evidence raised a question of fact about whether defendant intended to injure him in a way that brought plaintiff’s claim within the scope of the intentional tort exception to the exclusive-remedy provision of the WDCA. The trial court granted Perfect Fence’s motion, concluding that the company had not violated MCL 418.611 because defendant had provided workers’ compensation coverage. The court also ruled that MCL 418.171 was not applicable to plaintiff’s claims. The court denied plaintiff’s motion to amend his complaint, concluding that amendment would be futile because the undisputed facts did not demonstrate that defendant intended to injure plaintiff. Plaintiff appealed. The Court of Appeals reversed the trial court’s grant of summary judgment and denial of plaintiff’s motion to amend his complaint in an unpublished per curiam opinion. The panel agreed with the trial court that defendant had not violated MCL 418.611, but concluded that plaintiff had established a question of fact regarding whether defendant had improperly encouraged him to pose as a contractor for the purpose of evading liability under WDCA in violation of MCL 418.171(4). The panel also concluded that because plaintiff had presented sufficient evidence to create a question of fact regarding whether an intentional tort had occurred, the trial court abused its discretion by not allowing plaintiff to amend his complaint. The Michigan Supreme Court held MCL 418.171 did not apply in this case: because plaintiff was not the employee of a contractor engaged by defendant, he had no cause of action under MCL 418.171. For this reason, the Court reversed the Court of Appeals judgment only as to whether MCL 418.171 applied. View "McQueer v. Perfect Fence Company" on Justia Law

In 2002, defendant Timothy Barnes was convicted of second-degree murder and other offenses. On direct appeal, the Court of Appeals affirmed his convictions, and the Michigan Supreme Court denied leave to appeal. In 2008, defendant moved in the trial court for relief from judgment. The trial court denied the motion. The Court of Appeals and the Supreme Court again denied leave to appeal. Defendant filed another motion for relief from judgment, arguing that, because his sentence was imposed when the legislative sentencing guidelines were mandatory, he should be resentenced now that the Michigan Supreme Court has in Michigan v Lockridge, 870 NW2d 502 (2015), the guidelines were advisory only. Ordinarily, successive motions for relief from judgment were barred by MCR 6.502(G)(1), and the Supreme Court found the trial court denied defendant’s motion on that basis. On appeal, defendant argued the trial court erred and that his motion fell within one of the exceptions in MCR 6.502(G)(2), which allows a “subsequent motion [for relief from judgment] based on a retroactive change in law that occurred after the first motion for relief from judgment . . . .” The Supreme Court determined Lockridge did not have retroactive effect for sentences receiving collateral review under MCR 6.500, and so affirmed. View "Michigan v. Barnes" on Justia Law

Defendant Christopher Oros did not dispute that he intended to kill the victim, Marie McMillan, when he stabbed her 29 times; rather, he argued insufficient proofs were presented at trial with regard to the elements of premeditation and deliberation to sustain his conviction. The Court of Appeals agreed, concluding there was insufficient evidence of premeditation and deliberation, and therefore reduced defendant’s first-degree premeditated murder conviction to second-degree murder. The Michigan Supreme Court disagreed, holding the Court of Appeals erred when it improperly usurped the role of the fact-finder and misapplied the Supreme Court’s opinion in Michigan v. Hoffmeister, 229 NW2d 305 (1975). In lieu of granting leave to appeal, the Supreme Court reversed Part II of the Court Appeals opinion and held that, based on the record evidence presented at defendant’s trial, a reasonable juror could have found that the killing was committed with premeditation and deliberation. Defendant’s first-degree premeditated murder conviction and sentence were reinstated. View "Michigan v. Oros" on Justia Law