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August 2013

Aug 2013
02
August 02, 2013

MSC holds that 4-year old was "unavailable" for purpose of hearsay exception

In People v. Duncan, the Michigan Supreme Court held that a minor’s testimony at a preliminary examination was admissible under MRE 804(b)(1) and 804(a)(4)—the “unavailability” exception to the hearsay rule—when she was too emotionally distressed to testify. MRE 804(b)(1) provides that former testimony is admissible hearsay if a declarant is “unavailable,” and MRE 804(a)(4) defines “unavailable” to include a “then existing . . . mental . . . infirmity.” Here, the declarant (age four) was the alleged victim of a sexual assault.

Aug 2013
02
August 02, 2013

COA holds notice to third-party administrator insufficient to comply with highway exception to governmental immunity

In McLean v. City of Dearborn, the Michigan Court of Appeals held that plaintiffs who wish to sue under the highway exception to governmental tort liability must give the right notice to the right person.  The right person is someone who can accept service on behalf of the governmental entity, i.e. the mayor, city clerk, or the city attorney.

Aug 2013
02
August 02, 2013

MSC holds that UCC statute of limitations does not apply to an open account or account stated

In Fisher Sand and Gravel Company v Neal A Sweebe, Inc, the Michigan Supreme Court held that the four-year statute of limitations in Sec 2725 of Michigan's UCC does not apply to actions on an open account or account stated, even if the underlying debt arises out of the sale of goods.

Aug 2013
02
August 02, 2013

MSC holds that a landlord has a duty to expedite police involvement

In Bailey v Schaaf, the Michigan Supreme Court held that a landlord has the duty to expedite police involvement when the landlord has notice of criminal activity that poses a risk of imminent and foreseeable harm to an identifiable tenant or invitee. In this case, two security guards, hired by the landlord, allegedly ignored warnings that a person on the property was threatening others with a gun at an outdoor gathering.

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