 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wilcoxon v. Wayne County Neighborhood Legal Services8/23/2002
he intent to identify a distinct type of civil case or action, made up of one or more claims based on tort law. In essence, "tort case" identifies what is known as an action ex delicto, i.e., a "personal action arising out of tort." Id. at 29. There is nothing in the language used in the court rule that indicates that its authors intended the specific subcategory "tort case" to encompass civil actions that include both tort and any other civil claims. As used in the court rule, a tort case is one where all the underlying claims sound in tort. If a case includes both tort and contract claims, or tort and any other type of civil claims, then that case falls within the category civil case or action, but not within the subcategory "tort case." Because three of plaintiff's remaining claims in this civil case sounded in contract, her case does not fall within the subcategory "tort case." Accordingly, we hold that the trial court did not err in denying defendant's motion to dismiss.
Defendant also attempts to raise an issue as a cross-appeal. This issue is not properly before us. MCR 7.207(A)(1) provides that an appellee, the person against whom the appeal is brought, can file a cross appeal. Defendant is the appellant in this case and cannot do an end run around the requirements of MCR 7.205(D)(4), which limits defendant's appeal to the single issue raised in the application for leave, by erroneously claiming to also be a cross-appellee.
Affirmed.
Kathleen Jansen
Donald E. Holbrook, Jr.
Richard Allen Griffin
Page 1 2 3 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|