20230202_C358037_51_358037.Opn.Pdf

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

ANTHONY TAYLOR, UNPUBLISHED February 2, 2023 Plaintiff-Appellant,

v No. 358037 Oakland Circuit Court YRC, INC., doing business as FREIGHT, and LC No. 2019-175506-NO KEVEN KING,

Defendants-Appellees.

Before: HOOD, P.J., and SWARTZLE and REDFORD, JJ.

SWARTZLE and REDFORD, JJ. (concurring).

I concur in the judgment to affirm as well as the entirety of the lead opinion with the exception of Part III. C. Rather than apply plain error, I believe that our adversarial system is best served by applying the “raise or waive” rule in civil cases (with a few limited exceptions not relevant here). Batton-Jajuga v Farm Bureau Gen Ins Co of Mich, 322 Mich App 422, 437; 913 NW2d 351 (2017).

/s/ Brock A. Swartzle /s/ James Robert Redford

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