Gavino R Piccione v. Lyle a Gillette

Michigan Court of Appeals

Gavino R Piccione v. Lyle a Gillette

DecidedJanuary 17, 2019

Docket342826

StatusPublished

This text of Gavino R Piccione v. Lyle a Gillette (Gavino R Piccione v. Lyle a Gillette) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gavino R Piccione v. Lyle a Gillette, (Mich. Ct. App. 2019).

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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

MARIO PICCIONE, as next friend of GAVINO R. FOR PUBLICATION PICCIONE, a minor, January 17, 2019

Plaintiff-Appellant,

v No. 342826 Kent Circuit Court LYLE A. GILLETTE and PLUMBER’S LC No. 17-002385-NI PORTABLE TOILET SERVICE,

Defendants-Appellees.

Before: MARKEY, P.J., and M. J. KELLY and SWARTZLE, JJ.

MARKEY, P.J. and SWARTZLE, J. (concurring).

We concur in the per curiam opinion. This case is factually analogous to Neci v Steel, 488 Mich 971; 790 NW2d 828 (2010). For reasons similar to those set out by Justice Young in his concurring opinion in Neci, we conclude that binding precedent compels reversal and remand in this case.

/s/ Jane E. Markey /s/ Brock A. Swartzle

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