20230202_C358037_51_358037.Opn.Pdf ( 2023 )

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
STATE OF MICHIGAN
COURT OF APPEALS
ANTHONY TAYLOR, UNPUBLISHED
February 2, 2023
Plaintiff-Appellant,
v No. 358037
Oakland Circuit Court
YRC, INC., doing business as FREIGHT, and LC No. 2019-175506-NO
KEVEN KING,
Defendants-Appellees.
Before: HOOD, P.J., and SWARTZLE and REDFORD, JJ.
SWARTZLE and REDFORD, JJ. (concurring).
I concur in the judgment to affirm as well as the entirety of the lead opinion with the
exception of Part III. C. Rather than apply plain error, I believe that our adversarial system is best
served by applying the “raise or waive” rule in civil cases (with a few limited exceptions not
relevant here). Batton-Jajuga v Farm Bureau Gen Ins Co of Mich, 322 Mich App 422, 437; 913
NW2d 351 (2017).
/s/ Brock A. Swartzle
/s/ James Robert Redford
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