Opinion
No. 302974 No. 302975
06-14-2012
ESTATE OF JOSEPH LEE HAMILTON, JR., by DENA HAMILTON, Personal Representative, Plaintiff-Appellant, and ESTATE OF SAWSAN BELL, by SUNDUS GOODMAN, Personal Representative, Plaintiff, v. VALENTI TROBEC CHANDLER, INC., and JAIME FAZIO, Defendants-Appellees. ESTATE OF JOSEPH LEE HAMILTON, JR., by DENA HAMILTON, Personal Representative, Plaintiff, and ESTATE OF SAWSAN BELL, by SUNDUS GOODMAN, Personal Representative, Plaintiff-Appellant, v. VALENTI TROBEC CHANDLER, INC., and JAIME FAZIO, Defendants-Appellees.
UNPUBLISHED
Oakland Circuit Court
LC No. 2010-110457-NI
Before: BORRELLO, P.J., and O'CONNELL and TALBOT, JJ. MEMORANDUM.
In these consolidated appeals, plaintiffs appeal by right the trial court's grant of summary disposition in favor of defendants and the trial court's denial of plaintiffs' motions for summary disposition. The appeals present the same facts and issues as the appeal this Court decided in Auto-Owners Ins Co v Estate of Kathleen O'Neill et al., unpublished opinion per curiam of the Court of Appeals, issued July 19, 2011 (Docket No. 297534). The parties have presented no facts, law, or issues that distinguish this case from the O'Neill case. Accordingly, we adopt the analysis from O'Neill and affirm the trial court's decision.
Like the plaintiff in O'Neill, plaintiffs in these appeals failed to present facts to support their claims against defendants. Plaintiffs presented no facts to give rise to a contract implied in law or in fact with defendants. See In re Lewis Estate, 168 Mich App 70, 74-75; 423 NW2d 600 (1988); Erickson v Goodell Oil Co, 384 Mich 207, 211-212; 180 NW2d 798 (1970). Plaintiffs also presented no facts to support a negligence claim against defendants. See Fultz v Union-Commerce Assoc, 470 Mich 460, 467; 683 NW2d 587 (2004).
Affirmed.
Stephen L. Borrello
Peter D. O'Connell
Michael J. Talbot