Opinion
No. 336946
09-27-2018
DANIEL LUKE MEIER, Plaintiff-Appellant, v. AMANDA MEGAN BERGER and ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants-Appellees.
UNPUBLISHED Wayne Circuit Court
LC No. 16-006718-NI Before: CAVANAGH, P.J., and STEPHENS and SWARTZLE, JJ. STEPHENS, J. (concurring in part and dissenting in part).
I write to concur with the majority on all issues except as to the dismissal for failure to provide discovery. I would find that failure to address the Duray standards leaves this Court to speculate as to the trial court's reasons to exercise the extraordinary and draconian sanction of dismissal for failure to provide discovery. Duray Dev, LLC v Perrin, 288 Mich App 143, 165; 792 NW2d 749 (2010). However, since the complaint was properly dismissed under MCR 2.116(C)(7), that error does not warrant reversal.
/s/ Cynthia Diane Stephens