Court of Appeals Issues Summary Reversal of Trial Court’s Denial of Summary Disposition on Interlocutory Application in Premises Liability Case

This is not a remarkable case, factually speaking.  However, the outcome is rare and so, I thought I would do a quick post on it.

On June 23, 2011 I filed an interlocutory Application for Leave to Appeal in the Court of Appeals from a trial court’s denial of summary disposition in a “slip and fall” case.  The Court has no obligation to grant or hear such appeals because it is in the middle of the litigation before trial.  The parties can always appeal by right after the case is over.  They have many other options.  The Court can deny the application altogether making the parties go to trial (usually what happens) finding no merit in the application.  The Court can find some merit in the application, grant it and issue an order affirming the trial court, essentially sending it back to trial (usually what happens if they grant).  The Court can grant the application, hear oral argument and issue an affirmance of the trial court as well.  (usually what happens if they decide to hear oral argument).  The Court can grant the application, hear the oral argument and reverse (rarely does it even do this).  The Court can also, as I urged in my brief, issue a summary reversal of the trial court’s order essentially ending the case because there is no merit to plaintiff’s claims. (never saw this happen before).  Well, that is just what they did!  A unanimous summary reversal.  They sent it back to the trial court for a reversal and said the case is over.  It is attached.  The panel consisted of Judges Gleicher, Cavanagh and Saad.  Here is the order:  304734(11)_order

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
Gallery | This entry was posted in May It Please the Court, Michigan Court of Appeals Orders, Recent Judicial Dispositions. Bookmark the permalink.

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