Petipren v. Jaskowski

294 Mich. App. 419
CourtMichigan Court of Appeals
DecidedOctober 20, 2011
DocketDocket Nos. 298088 and 301125
StatusPublished
Cited by6 cases

This text of 294 Mich. App. 419 (Petipren v. Jaskowski) 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
Petipren v. Jaskowski, 294 Mich. App. 419 (Mich. Ct. App. 2011).

Opinions

FITZGERALD, J.

In Docket No. 298088, plaintiff, Thomas Petipren, alleged that defendant Rodney Jaskowski, the police chief for the village of Port Sanilac, assaulted him without provocation and wrongfully arrested him for resisting and obstructing and disorderly conduct. In Docket No. 301125, Petipren filed a counterclaim in a separate lawsuit brought by Jaskowski, alleging that Jaskowski negligently and intentionally inflicted emotional distress upon Petipren and acted negligently. Jaskowski appeals as of right the orders denying his motions for summary disposition that were brought pursuant to MCR 2.116(C)(7) on the basis of governmental immunity. We affirm.

I. FACTS AND PROCEDURAL HISTORY

On July 19, 2008, the village of Port Sanilac hosted a fundraising event in a park that included a number of [422]*422musical acts and a beer tent; Petipren and his band were scheduled to perform at the event. Complaints regarding the style of music being played at the event had been voiced to volunteers working at the beer tent before Petipren’s band played. Words were exchanged between individuals listening to the prior band and those patronizing the beer tent. Brown City Police Chief Ron Smith reported to the park after receiving a “call from individuals” requesting that he stop by the park “because the band that was performing was playing offensive music.” The organizer of the event also returned to the event after being contacted by a volunteer at the beer tent. Upon his arrival, Smith was approached by several citizens who found the music “offensive, disturbing, and not appropriate for the crowd.” Smith then contacted Village of Port Sanilac Police Chief Ronald Jaskowski and requested that Jaskowski come to the park because trouble appeared to be brewing between those who wanted the band to play and those who did not. By the time Jaskowski arrived, the organizer of the event was resolving the situation. At some point, a decision was made that the bands would no longer play.

From here, the parties’ portrayals of the facts sharply diverge. Petipren testified that he had been busy assembling his drum set on stage and did not know that the concert had been canceled. Petipren was in the midst of playing his usual warmup routine when he observed Jaskowski for the first time. Jaskowski appeared to be very angry, so Petipren stopped playing to determine what Jaskowski wanted. Petipren asserted that he held his drumsticks in his lap and did not say anything. According to Petipren, Jaskowski barged through Petipren’s drum set, knocked over a cymbal, grabbed Petipren’s drumsticks, and flung them away. Jaskowski then grabbed Petipren by the collar and pushed him backward off of his seat and into a pole. [423]*423Petipren testified that no words were exchanged and that he put his arms straight up in the air to be completely clear that he was not resisting. Petipren stated that he began asking, “What did I do?” and Jaskowski then pushed him off the stage and shoved him down onto the grass. Jaskowski yelled at Petipren to stop resisting, and Petipren again responded that he was not resisting. When a bass player from another band asked Jaskowski why Petipren was being arrested, Jaskowski had him arrested as well. The prosecutor declined to press any charges against Petipren.

Testimony from the organizer of the event and the statements of other witnesses generally corroborated Petipren’s account of the incident. Jaskowski, on the other hand, reported that when he told Petipren to stop playing, Petipren refused, swore at him, and punched him in the jaw when he tried to take Petipren’s drumsticks. Jaskowski stated that Petipren continued to resist while Jaskowski attempted to handcuff him.

Petipren filed suit against Jaskowski individually and as the police chief for assault and battery and false arrest.1 Jaskowski filed his own suit against Petipren, alleging assault, intentional infliction of emotional distress, negligence, and negligent infliction of emotional distress. Petipren filed a countercomplaint in that case alleging intentional and negligent infliction of emotional distress and negligence against Jaskowski. Jaskowski moved for summary disposition of the claims against him in each case. The trial court denied both motions.

II. STANDARD OF REVIEW

We review de novo a trial court’s determination regarding a motion for summary disposition. Odom v [424]*424Wayne Co, 482 Mich 459, 466; 760 NW2d 217 (2008). A trial court properly grants summary disposition under MCR 2.116(C)(7) when a claim is barred because of immunity granted by law. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). “When reviewing a motion under MCR 2.116(C)(7), this Court must accept all well-pleaded factual allegations as true and construe them in favor of the plaintiff, unless other evidence contradicts them.” Dextrom v Wexford Co, 287 Mich App 406, 428; 789 NW2d 211 (2010). If any documentary evidence is submitted, we must view it in the light most favorable to the nonmoving party to determine whether there is a genuine issue of material fact. Zwiers v Growney, 286 Mich App 38, 42; 778 NW2d 81 (2009). “If no facts are in dispute, and if reasonable minds could not differ regarding the legal effect of the facts, the question whether the claim is barred is an issue of law for the court.” Dextrom, 287 Mich App at 431. Conversely, if a factual dispute exists regarding whether immunity applies, summary disposition is not appropriate. Id.

III. STATUTORY INTERPRETATION

This appeal involves, in part, an issue of statutory construction. The primary goal of statutory interpretation is to “ascertain the legislative intent that may reasonably be inferred from the statutory language itself.” Griffith v State Farm Mut Auto Ins Co, 472 Mich 521, 526; 697 NW2d 895 (2005), citing Sotelo v Grant Twp, 470 Mich 95, 100; 680 NW2d 381 (2004). “The first step in that determination is to review the language of the statute itself.” In re MCI Telecom Complaint, 460 Mich 396, 411; 596 NW2d 164 (1999), citing House Speaker v State Admin Bd, 441 Mich 547, 567; 495 NW2d 539 (1993). Unless statutorily defined, every [425]*425word or phrase of a statute should be accorded its plain and ordinary meaning, MCL 8.3a; Robertson v Daimler-Chrysler Corp, 465 Mich 732, 748; 641 NW2d 567 (2002), taking into account the context in which the words are used, 2000 Baum Family Trust v Babel, 488 Mich 136, 175; 793 NW2d 633 (2010). We may consult dictionary definitions to give words their common and ordinary meaning. Halloran v Bhan, 470 Mich 572, 578; 683 NW2d 129 (2004). When given their common and ordinary meaning, Veenstra v Washtenaw Country Club, 466 Mich 155, 160; 645 NW2d 643 (2002), citing MCL 8.3a, “[t]he words of a statute provide ‘the most reliable evidence of its intent,’ ” Sun Valley Foods Co v Ward, 460 Mich 230, 236; 596 NW2d 119 (1999), quoting United States v Turkette, 452 US 576, 593; 101 S Ct 2524; 69 L Ed 2d 246 (1981).

IV GOVERNMENTAL IMMUNITY

The governmental tort liability act (GTLA), MCL 691.1401 et seq., shields a governmental agency from tort liability “if the governmental agency is engaged in the exercise or discharge of a governmental function.” MCL 691.1407(1).

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Related

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294 Mich. App. 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petipren-v-jaskowski-michctapp-2011.