Legal Opinion · Dissent
Genesee Foods Services, Inc v. Meadowbrook, Inc
Michigan Court of Appeals
Decided July 17, 2008No. Docket 274517Published
1DissentKelly, J.
I respectfully dissent because the terms of the settlement agreement and release are unambiguous and should be enforced as written.
As we stated in Wyrembelski v St Clair Shores, 218 Mich App 125, 127; 553 NW2d 651 (1996):
“Summary disposition of a plaintiffs complaint is proper where there exists a valid release of liability between the parties. MCR 2.116(C)(7). A release of liability is valid if it is fairly and knowingly made. The scope of a release is governed by the intent of the parties as it is expressed in the release.
“If the text in the release is unambiguous, we must ascertain the…
2Cases cited8 opinions
- Adair v. StateMichigan Supreme Court · 2004
- Casey v. Auto-Owners InsuranceMichigan Court of Appeals · 2007
- Xu v. GayMichigan Court of Appeals · 2003
- Dombrowski v. City of OmerMichigan Court of Appeals · 1993
- Batshon v. Mar-Que General Contractors, IncMichigan Supreme Court · 2001
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