directed verdict challenge in Michigan

2018Compare People v Chelmicki, 305 Mich App 58, 64 ; 850 NW2d 612 (2014), with People v Meissner, 294 Mich App 438, 452 ; 812 NW2d 37 (2011).

2018Compare People v Chelmicki, 305 Mich App 58, 64 ; 850 NW2d 612 (2014), with People v Meissner, 294 Mich App 438, 452 ; 812 NW2d 37 (2011).

2018DIRECTED VERDICT Finally, defendants argue that the trial court erred when it granted Thor’s motion for a directed verdict on their claim that Thor breached an agreement to pay Moore 5% of the increase in his publishing contract with Simon & Schuster. “[D]ecisions on a motion for directed verdict are reviewed de novo . . . .” Chelik v Capitol Transp, LLC, 313 Mich App 83, 88 ; 880 NW2d 350 (2015).

2018DIRECTED VERDICT Finally, defendants argue that the trial court erred when it granted Thor’s motion for a directed verdict on their claim that Thor breached an agreement to pay Moore 5% of the increase in his publishing contract with Simon & Schuster. “[D]ecisions on a motion for directed verdict are reviewed de novo . . . .” Chelik v Capitol Transp, LLC, 313 Mich App 83, 88 ; 880 NW2d 350 (2015).

2023People v Schultz, 246 Mich App 695, 702 ; 635 NW2d 491 (2001).

2023People v Schultz, 246 Mich App 695, 702 ; 635 NW2d 491 (2001).

2022The Court held that the evidence supported that the train personnel had not been keeping a proper lookout and that “[i]t was their general duty to run the train with reasonable care and watchfulness.” Huggett v Erb, 182 Mich 524, 536 ; 148 NW 805 (1914).

2022The Court held that the evidence supported that the train personnel had not been keeping a proper lookout and that “[i]t was their general duty to run the train with reasonable care and watchfulness.” Huggett v Erb, 182 Mich 524, 536 ; 148 NW 805 (1914).

1998Plaintiff has not filed a cross appeal on this issue. [4] Now a judgment notwithstanding the verdict, MCR 2.610. [5] M.C.L. § 15.363(1); M.S.A. § 17.428(3)(1). [6] Unpublished opinion per curiam, issued November 17, 1995 (Docket No. 162885). [7] The Court of Appeals cited Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505, 528 , 398 N.W.2d 368 (1986), for this proposition. [8] 564 N.W.2d 44 , 454 Mich. 903 (1997). [9] Constructive discharge is not, itself, a cause of action, but rather a defense to a claim of the voluntary leaving of the employee.

1998Plaintiff has not filed a cross appeal on this issue. [4] Now a judgment notwithstanding the verdict, MCR 2.610. [5] M.C.L. § 15.363(1); M.S.A. § 17.428(3)(1). [6] Unpublished opinion per curiam, issued November 17, 1995 (Docket No. 162885). [7] The Court of Appeals cited Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505, 528 , 398 N.W.2d 368 (1986), for this proposition. [8] 564 N.W.2d 44 , 454 Mich. 903 (1997). [9] Constructive discharge is not, itself, a cause of action, but rather a defense to a claim of the voluntary leaving of the employee.

1986Viewing the evidence in a light most favorable to plaintiffs, granting them every reasonable inference and resolving any conflict in the evidence in their favor, Rushing v Wayne County, 138 Mich App 121 ; 358 NW2d 904 (1984), we find that there was no competent evidence or expert testimony concerning the hospital’s breach of the standard of care as it relates to the use of precordial stethoscopes in pediatric cases.

1986Viewing the evidence in a light most favorable to plaintiffs, granting them every reasonable inference and resolving any conflict in the evidence in their favor, Rushing v Wayne County, 138 Mich App 121 ; 358 NW2d 904 (1984), we find that there was no competent evidence or expert testimony concerning the hospital’s breach of the standard of care as it relates to the use of precordial stethoscopes in pediatric cases.

1981The thrust of defendant’s argument is that (1) the prosecutor’s case was premised almost entirely on circumstantial evidence, (2) the circumstantial evidence at trial equally implicated David Sturgeon as the killer of the deceased, and (3) in order for the prosecutor to withstand a directed verdict challenge where the state’s case is based on circumstantial evidence, the prosecutor must prove "that there is no innocent theory possible which will, without violation of reason, accord with the facts”, People v Davenport, 39 Mich App 252, 256 ; 197 NW2d 521 (1972).

1981The thrust of defendant’s argument is that (1) the prosecutor’s case was premised almost entirely on circumstantial evidence, (2) the circumstantial evidence at trial equally implicated David Sturgeon as the killer of the deceased, and (3) in order for the prosecutor to withstand a directed verdict challenge where the state’s case is based on circumstantial evidence, the prosecutor must prove "that there is no innocent theory possible which will, without violation of reason, accord with the facts”, People v Davenport, 39 Mich App 252, 256 ; 197 NW2d 521 (1972).

1975People v Abernathy, 253 Mich 583, 587 ; 235 NW 261 (1931), People v Garcia, 33 Mich App 598 ; 190 NW2d 347 (1971), People v Hodo, 51 Mich App 628 ; 215 NW2d 733 (1974).

1975People v Abernathy, 253 Mich 583, 587 ; 235 NW 261 (1931), People v Garcia, 33 Mich App 598 ; 190 NW2d 347 (1971), People v Hodo, 51 Mich App 628 ; 215 NW2d 733 (1974).

1975People v Abernathy, 253 Mich 583, 587 ; 235 NW 261 (1931), People v Garcia, 33 Mich App 598 ; 190 NW2d 347 (1971), People v Hodo, 51 Mich App 628 ; 215 NW2d 733 (1974).

1975People v Abernathy, 253 Mich 583, 587 ; 235 NW 261 (1931), People v Garcia, 33 Mich App 598 ; 190 NW2d 347 (1971), People v Hodo, 51 Mich App 628 ; 215 NW2d 733 (1974).

1975People v Abernathy, 253 Mich 583, 587 ; 235 NW 261 (1931), People v Garcia, 33 Mich App 598 ; 190 NW2d 347 (1971), People v Hodo, 51 Mich App 628 ; 215 NW2d 733 (1974).

1975People v Abernathy, 253 Mich 583, 587 ; 235 NW 261 (1931), People v Garcia, 33 Mich App 598 ; 190 NW2d 347 (1971), People v Hodo, 51 Mich App 628 ; 215 NW2d 733 (1974).

1974A directed verdict standard is rejected for the reasons stated in Rizzo, supra, at 379 .

1974On appeal the Court held that the guilty plea could be considered as evidence of negligence, but it did not entitle plaintiff to a directed verdict or an instruction that defendant was guilty of negligence as a matter of law, citing Anders v Clover, 198 Mich 763 ; 165 NW 640 (1917).

1974On appeal the Court held that the guilty plea could be considered as evidence of negligence, but it did not entitle plaintiff to a directed verdict or an instruction that defendant was guilty of negligence as a matter of law, citing Anders v Clover, 198 Mich 763 ; 165 NW 640 (1917).