Meemic Insurance v. DTE Energy Co.
292 Mich. App. 278
| Mich. Ct. App. | 2011Background
- This is a consolidated appeal arising from a house fire affecting plaintiffs’ insured property.
- Docket No. 295232: trial court granted summary disposition for defendants (utility companies) on negligence and contract claims; affirmed on appeal.
- Docket No. 296102: defendants’ motion for case evaluation sanctions challenged as untimely; trial court denied.
- Fire originated near the gas meter per plaintiff’s experts; defendants’ investigator placed origin four to five feet west of the meter.
- Damages and causation disputed; plaintiff argued meter caused fire; defendants argued otherwise.
- Court addressed both the sufficiency of causation evidence for the fire and the timeliness of sanctions under MCR 2.403(0).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff showed causation in fact for the fire. | Meter could have caused the fire; evidence not eliminated. | Investigator found fire originated away from meter; inference insufficient. | No genuine issue; causation not proven; Skinner standard applied; summary disposition affirmed. |
| Whether summary disposition was proper for the contract claim. | Damages were direct, natural, proximate results of the breach. | No causation evidence to support contract damages; proper rejection. | Summary disposition affirmed as to contract claim. |
| Whether defendants’ motion for case evaluation sanctions was timely. | N/A | Motion should be timely under MCR 2.403(O)(8) after reconsideration. | Sanctions motion timely; remanded for further consideration. |
Key Cases Cited
- Skinner v Square D Co, 445 Mich 153 (1994) (causation theories must be more than speculative)
- Coblentz v City of Novi, 475 Mich 558 (2006) (burden shifting on summary disposition and admissible evidence)
- Ghaffari v Turner Constr Co (On Remand), 268 Mich App 460 (2005) (speculation insufficient to create material fact)
- Peterson v Fertel, 283 Mich App 232 (2009) (case evaluation sanctions timing after reconsideration rulings)
- Latham v Barton Malow Co, 480 Mich 105 (2008) (de novo review standard for summary disposition)
- Brown v Gainey Transp Servs, Inc, 256 Mich App 380 (2003) (logic of post-trial motions and sanctions timings)
- Alan Custom Homes, Inc v Krol, 256 Mich App 505 (2003) (causation and contractual damages standards)