Angelucci v. Dart Properties et al, 301 Mich App 209 (2013)
Jan 01, 2013OUTCOME: Dismissal
This class action lawsuit filed by a tenant in Oakland County alleged various tort claims related to a residential landlord tenant relationship. Galloway represented the landlord and moved for a chang ... e of venue to Macomb County based upon the majority of contacts with the case including the location of the alleged injury. The tenant argued that MCL 600.1641(1) applied and that venue was proper in Oakland County pursuant to MCL 600.1621(a). The trial court applied MCL 600.1629(1)(b)(i) to change venue to the county where the vast majority of the contacts were and where the alleged injury occured. The appeals court concluded that MCL 600.1641(2) applied if one of the causes of action pleaded in a multiple cause of action complaint was based on tort, regardless of whether damages sought were for personal injury, property damage, or wrongful death. The court stated that it was overruling Provider Creditors Comm. v. United American Health Care Corp., 275 Mich. App. 90, 94; 738 NW2d 770 (2007), which had applied MCL 600.1641(1) in such a case. Thus, although the tenant did not seek damages for personal injury, property damage, or wrongful death, the application of MCL 600.1641(2) to change venue pursuant to MCL 600.1629(1)(b)(i) was proper because the tenant's complaint included at least one tort.
