Daniel Wiedyk v. John Paul Poisson ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
October 22, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
149431 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
DANIEL WIEDYK, Justices
Plaintiff-Appellee,
v SC: 149431
COA: 308141
Midland CC: 06-009751-NI
JOHN PAUL POISSON and TRAVERSE
CITY LEASING, d/b/a HERTZ,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the April 24, 2014
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REINSTATE the Midland Circuit Court’s December 27, 2011 judgment for the
defendants. The trial court was not required to expressly rule on whether the plaintiff’s
attempt to expand the record on remand with his affidavit was proper, and even if the
affidavit was considered by the trial court, it did not err in determining that summary
disposition for the defendants was warranted. When considered in light of the record
developed in this case, the affidavit’s conclusory allegations regarding the extent of the
plaintiff’s injuries and impairments, nearly all of which the plaintiff suffered prior to the
accident in question, were insufficient to create a genuine issue of material fact as to
whether the plaintiff’s ability to lead his pre-accident lifestyle was impacted by the 2005
accident. Quinto v Cross & Peters Co, 451 Mich. 358, 362, 371-372 (1996); McCormick
v Carrier, 487 Mich. 180, 202 (2010); see also Bergen v Baker, 264 Mich. App. 376, 389
(2004).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 22, 2014
d1015
Clerk