UNPUBLISHED PER CURIAM . Respondent, Muhammed Kamran Ahsan, M.D., appeals as of right the final order of the Michigan Board of Medicine Disciplinary Subcommittee (Disciplinary Subcommittee) concluding that he violated MCL 333.16221(a) (negligence or failure to exercise due care), MCL 333.16221(b)( i ) (incompetence), and MCL 333.16221(c)( iv ) (prescribing or administering drugs for other than lawful diagnostic or therapeutic purposes) of the Public Health Code (PHC), MCL 333.1101 et seq....
UNPUBLISHED PER CURIAM . Plaintiff appeals as of right the trial court's order granting summary disposition in favor of defendant, Community Emergency Medical Service, Inc., pursuant to MCR 2.116(C)(7) and (10). We affirm. I. BACKGROUND FACTS This action, filed in 2016, arises from the September 2012 death of Xavier Ray Joe during a medical emergency. Plaintiff previously filed an action in 2014 against defendant, an emergency ambulance service, and three city of Southfield emergency...
UNPUBLISHED PER CURIAM . In this governmental immunity highway exception case, defendant, Wayne County, appeals as of right the trial court denying it summary disposition under MCR 2.116(C)(7). For the reasons stated in this opinion, we reverse. I. BASIC FACTS On September 26, 2014, Al-Jabiri was severely injured after he lost control of his motorcycle and crashed into a utility pole. He sued Wayne County under the highway exception to governmental immunity, MCL 691.1402(1), contending...
UNPUBLISHED PER CURIAM . Petitioner, DTE Electric Company (DTE), appeals as of right an order entered by the Michigan Public Service Commission (PSC) that, in relevant part, disallowed DTE's request to include a refund in its 2015 power supply cost recovery (PSCR) reconciliation balance under MCL 460.6j. 1 The refund was issued by DTE in 2015, as a consequence of overbilling a major customer for electrical power between 2008 and 2014. The PSC concluded that because the refund was for power...
UNPUBLISHED PER CURIAM . In this nuisance action, plaintiff Christine Robinson appeals as of right the trial court's orders granting summary disposition in favor of defendants Fast Track Ventures, LLC (FTV), and MT Clark, Inc. (MT Clark). We affirm. Plaintiff filed the lawsuit on May 31, 2016, alleging nuisance due to the migration of methyl tert butyl ether (MTBE) to her property after it was released from leaking underground gasoline storage tanks at a nearby gas station into the ground...
UNPUBLISHED PER CURIAM . Plaintiffs, Peter Karmanos, Jr. (Karmanos) and his minor children, Socrates Karmanos, Leonidas Karmanos, Aristides Karmanos, and Spiros Karmanos, by their custodian Danialle Karmanos (the minor plaintiffs), appeal as of right the order of the trial court granting summary disposition in favor of defendants, Gurminder S. Bedi, Frederick A. Henderson, William O. Grabe, Robert C. Paul, Daniel S. Follis, Jr., Compuware Corporation, Elliott Associates, LP (Elliott), and...
UNPUBLISHED PER CURIAM . Defendant appeals as of right the November 2, 2017 order granting plaintiff sole legal custody of the minor children and other relief, and denying defendant's motion for sole legal and physical custody. Defendant also challenges the July 19, 2017 order finding him in criminal contempt of court. We affirm the trial court's custody and parenting time rulings, but lack jurisdiction to review the trial court's contempt order. This appeal stems from a highly contentious...
UNPUBLISHED PER CURIAM . Residential Customer Group (hereinafter "Residential") appeals as of right the January 31, 2017 order of the Michigan Public Service Commission (MPSC) in Case No. U-18014, which allowed DTE Electric Company (DTE) to increase its rates, and annual revenues to increase by approximately $184 million. Specifically, this appeal involves the same challenges Residential has raised in several prior cases involving DTE and Consumers Energy Company in regards to the...
UNPUBLISHED PER CURIAM . Defendant, Goodyear Tire & Rubber Company (Goodyear), appeals as of right challenging the orders of the trial court denying Goodyear's motions for judgment notwithstanding the verdict (JNOV) and for new trial. On cross-appeal, plaintiff Estate of Harishkumar Patel, by Hemuben Patel, Personal Representative, 1 appeals as of right challenging the order of the trial court declining to set aside the non-economic damages cap. We affirm. I. FACTS This is a product...
UNPUBLISHED PER CURIAM . In these consolidated appeals, respondent-mother and respondent-father each appeal as of right the trial court's order terminating their parental rights to minor children. The trial court terminated respondent-mother's parental rights to DB, ZG, and RG pursuant to MCL 712A.19b(3)(b)( ii ) and (j) and terminated respondent-father's parental rights to ZG and RG pursuant to MCL 712A.19b(3)(b)( i ), (j), (k)( ii ), and (k)( ix ). We affirm. Respondents have two...
UNPUBLISHED PER CURIAM . In this construction contract dispute defendant appeals as of right the trial court's order granting plaintiff's motion to confirm the arbitration award and denying defendant's motion to vacate the arbitration award. We affirm. I. FACTUAL AND PROCEDURAL HISTORY On August 21, 2012, plaintiff and defendant entered into an agreement for the construction of a commercial building. The contract contained an arbitration agreement. According to defendant, the contract...
UNPUBLISHED PER CURIAM . In this personal injury action, plaintiff appeals as of right the trial court's order granting summary disposition in favor of defendant, Olde World Canterbury Village, Inc. ("OWCVI"), and dismissing her claims against OWCVI, with prejudice. We affirm. I. RELEVANT FACTUAL BACKGROUND This case arises out of an accident that occurred during "Kids Fest," an event organized and promoted by OWCVI, and held on OWCVI property. Plaintiff sustained injuries after the rear...
UNPUBLISHED PER CURIAM . Plaintiff appeals as of right from the circuit court's order granting defendant's motion to set aside a confessed judgment against defendant and dismissing plaintiff's case with prejudice. Because we agree that the trial court misinterpreted the requirements of MCL 600.2906, we vacate the trial court's order and remand for further proceedings consistent with this opinion. I. BACKGROUND On May 5, 2016, Jennifer VanVelzen, also known as Jennifer McBurney, and...
UNPUBLISHED PER CURIAM . Plaintiff, Barry Ellentuck, appeals as of right the trial court's March 31, 2017 opinion and order granting the motions for summary disposition filed by defendants, Jeffrey W. Huntington, Michele Wildman, Mary Carolyn Lewand-Monroe (also known as Mary Carolyn Lewand and Mary Carolyn Monroe), Brian Farkas, Martha H. Delgado, Alexis Wiley, James Joseph Wright, and John Buck. 1 Plaintiff contends that the trial court erred when it granted defendants' motions for...
UNPUBLISHED PER CURIAM . In this declaratory judgment action, Jenkins Construction, Inc. (Jenkins) appeals as of right the trial court's order granting summary disposition in favor of Doublejack Electric Company (Doublejack), the insured of Westfield Insurance Company (Westfield), and also appeals the trial court's earlier order granting summary disposition in favor of Westfield. We affirm. I. FACTS The substantive facts of this case are not in dispute. The Ecorse Creek Pollution...
UNPUBLISHED PER CURIAM . After a jury trial, defendant, Charles Black II, was convicted of being a felon in possession of a firearm (felon-in-possession), MCL 750.224f, possession of less than 25 grams of fentanyl, MCL 333.7403(2)(a)( v ), possession of less than 25 grams of cocaine, MCL 333.7403(2)(a)( v ), and possession of marijuana, MCL 333.7403(2)(d). Because there are no errors warranting reversal, we affirm. I. BASIC FACTS On October 14, 2016, at approximately 11:30 p.m., the...
UNPUBLISHED PER CURIAM . Defendants, Joseph H. Hemming and Law Offices of Joseph H. Hemming, appeal as of right a judgment for plaintiff, Thomas Toteff, following a jury trial in this legal malpractice action. For the reasons stated in this opinion, we reverse and remand. I. BASIC FACTS This legal malpractice case arises out of Hemming's representation of plaintiff Toteff in an underlying divorce action. Toteff contends in the present action that Hemming breached the applicable standards...
UNPUBLISHED PER CURIAM . Plaintiff appeals as of right from a final judgment entered in his favor in this breach of contract action, which granted him summary disposition on three counts of his amended complaint and awarded him damages. Specifically, plaintiff's claims on appeal result from the trial court's order granting summary disposition in part, denying summary disposition on Count X of his amended complaint, relating to statutory stealing under MCL 600.2919a(1), and the denial of...
UNPUBLISHED PER CURIAM . In this member oppression action, plaintiffs appeal as of right the trial court's order of no cause of action on their claims of member oppression, fraud, breaches of contract, unjust enrichment and breach of fiduciary duties against Midwest Air Filter, Inc. and their claim of aiding and abetting against defendants Marcia and Jonathan Shoham. Defendants cross-appeal the trial court's entry of a judgment against The Filter Depot, LLC. We affirm in part, reverse in...
UNPUBLISHED PER CURIAM . Respondent-father appeals as of right the trial court's order terminating his parental rights to the minor child, APHC, under MCL 712A.19b(3)(g) (failure to provide proper care or custody), MCL 712A.19b(3)(i) (parental rights to sibling terminated due to serious and chronic neglect or abuse), and MCL 712A.19b(3)(j) (reasonable likelihood of harm if returned to parent). We affirm. 1 In August 2015, AR, the infant daughter of respondent's then-girlfriend, died due...
