Conservatorship of a protected person; Breach of fiduciary duty; MCL 700.5416; Damages; Highfield Beach at Lake MI v Sanderson; Hearsay; Probate court investigatory report; MRE 803(6); Motion for reconsideration; Shenandoah Ridge Condo Ass’n v Bodary

The court held that plaintiff failed to produce substantively admissible evidence creating a genuine issue of material fact that defendant-conservator’s alleged breaches as conservator caused damages to the estate. Plaintiff alleged defendant breached fiduciary duties by failing to inventory the decedent’s coin and precious-metals collection and by selling it at an inadequate price. The trial court granted defendant summary disposition and later denied reconsideration. On appeal, the court held that even assuming a breach, plaintiff still had to prove damages and could not survive summary disposition on speculation, emphasizing that damages are “an essential element” of the claim and that summary disposition is proper when the nonmoving party fails to produce evidence of an essential element. It also held that plaintiff’s value proofs were inadequate because the decedent’s handwritten list was “inadmissible hearsay” and, in any event, reflected only what the decedent “believed his property was worth,” while the personal representative’s Internet research was unsupported and not shown to be admissible or expert-based. The court further rejected reliance on the probate court investigator’s report, reasoning plaintiff did not properly preserve or develop a business-records argument and, critically, did not satisfy the foundational requirements for MRE 803(6). It noted plaintiff offered no custodian testimony or certification and further, the trial court considered the report but found it was “‘unavailing in creating any genuine factual issues for trial.’” It also agreed the unnotarized affidavit was “cursory and unsupported,” and deposition testimony conceded there was no evidence defendant converted coins for personal use, leaving plaintiff without admissible proofs that any alleged inventory failures or sale decisions caused loss. Affirmed.