SANTWAN REESE v. JALEN CHRISTOPHER JAMES HOUSEHOLD OF FAITH CHURCH HOUSEHOLD OF FAITH INC PROGRESSIVE MARATHON INSURANCE COMPANY (2023)

I concur. As the majority makes clear, plaintiff testified that it was his belief, based on his direct observation, that defendant Jalen James was intentionally attempting to run him over. If this was not sufficiently clear from the initial impact, plaintiff testified that, after the initial impact, James put the van in reverse and attempted to back up to strike plaintiff a second time. By contrast, James testified that it was not his intent to hit plaintiff.

If this testimony was the extent of the evidence, I would conclude that there was a material question of fact for the jury. But this was not the extent of the evidence. James had already pleaded guilty to assault with intent to do great bodily harm, MCL 750.84(1)(a), and during his plea, while under oath, he admitted that he intended to hit plaintiff. Given that binding admission, I agree that there is no question of material fact and that the trial court erred by denying summary disposition to defendant owner.

Douglas B. Shapiro

SHAPIRO, P.J. (concurring).