Standard of Review – Summary Disposition Based on Lack of Material Factual Dispute

Written by Joseph Collison on . Posted in Legal Updates

When deciding a summary disposition motion under MCR 2.116(C)(10), the trial court must view the evidence in the light most favorable to the nonmoving party, draw all reasonable inferences in favor of the nonmoving party, and refrain from making credibility determinations or weighing the evidence. Pioneer State Mut Ins Co v Dells, 301 Mich App 368, 377; 836 NW2d 257 (2013). “[I]f material evidence conflicts, it is not appropriate to grant a motion for summary disposition under MCR 2.116(C)(10).” Id.