Smith v. Stolberg

Plaintiff appeals as of right the trial court orders denying his motion for reconsideration and granting defendants’ motion for summary disposition pursuant to MCR 2.116(C)(8). We affirm in part, reverse in part, and remand.

On September 6, 1994, plaintiff claims that defendant Stolberg pushed him into a bench during a court appearance at which Stolberg represented plaintiff’s daughter-in-law in a child custody dispute. Stolberg claims that plaintiff spit on him, and he “instinctively” raised his hands to push plaintiff away in order to protect himself. On September 5, 1995, plaintiff filed a…