No-fault claim; Abandoned issue; Failure to preserve the issue; Motion to settle the record to substitute for missing transcripts; MCR 7.210(B)(2)(a)

Holding in this no-fault case that plaintiff abandoned appellate review by failing to settle the record, the court affirmed the trial court’s judgment for no cause of action entered in favor of defendant. Plaintiff contended “the trial court erred when it admitted the video. However, there are no available transcripts for the trial, and because plaintiff failed to file to settle the record, it cannot be determined whether the trial court abused its discretion by admitting the video.” Plaintiff argued “the trial court erred when it admitted the surveillance video at trial and thus she” was entitled to a new trial. However, she abandoned this issue. The “transcripts for the trial and the hearing for the motion for new trial were deemed unavailable in [1/23]. Plaintiff did not file a motion to settle the record to substitute for the missing transcripts, as required by MCR 7.210(B)(2)(a). And there is no court order excusing plaintiff’s defect.”