White v. Taylor Distributing Co.

I respectfully disagree with the majority’s conclusion that summary disposition was “inappropriate” under MCR 2.116(G)(4) “regardless of plaintiffs’ failure to submit sufficient documentary evidence to counter Birkenheuer’s version of events, which was primarily within his exclusive knowledge.” Ante at 616.1 would affirm because plaintiffs’ failure to submit any evidence to create a genuine issue of material fact requires summary disposition pursuant to MCR 2.116(0(10). The majority, in “concluding that crucial credibility issues” exist when there is no evidence to counter Birkenheuer’s…