COA 363750 ESTATE OF JQ V SPECTRUM JUVENILE JUSTICE SERVICES Opinion - Authored - Published 1/15/2026

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
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S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
RHIANNON NUGENT and JUAN A. QUINTANA,
Personal Representatives of the ESTATE OF JQ,
Plaintiffs-Appellees,
FOR PUBLICATION
January 15, 2026
12:10 PM
v No. 363750
Wayne Circuit Court
SPECTRUM JUVENILE JUSTICE SERVICES and
SPECTRUM HUMAN SERVICES, INC.,
LC No. 20-014709-NO
Defendants-Appellants.
Before: LETICA, P.J., and GARRETT and FEENEY, JJ.
GARRETT, J. (concurring).
I concur with the majority’s resolution of the issues presented in this appeal. I write
separately to highlight JQ’s journal entries, which illustrate his deteriorating mental health in the
short time he was a resident at Calumet. I also write separately because, although I agree with the
majority’s comparative-fault analysis, I do so reluctantly as the applicable legal authority allows
defendants to rely on JQ’s suicide in defense or mitigation of their liability despite plaintiffs
alleging that defendants negligently failed to prevent JQ’s suicide.
I. JOURNAL ENTRIES
Of all the record evidence, JQ’s journal entries best illustrate his mental state. They are
troubling, and they became more so as the days grew closer to his suicide on September 11, 2018.
They contain the following:1
1 The excerpts of JQ’s journal entries are reproduced as is, without regard to proper spelling,
grammar, or punctuation.

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Today was a shitty day! The worst day I have had in a while! . . . anxiety
is threw the roof I just need to go to sleep but I know I’m not going to be able to.
SICK OF BEING LOCKED UP!! [August 16, 2018]
* * *
Today I have been feeling kinda weird though like I just want to be alone I
want for it to be quiet. I feel super tired but not like sleepy tired more mentally
tired. I feel so mentally drained today its crazy. [August 21, 2018]
* * *
I can’t sleep My anxiety has been horrible every night for the last 2 weeks.
I need to get some sleep I can’t handle not falling asleep and having anxiety till
12/1 am every night its driving me insane. [August 27, 2018]
* * *
All day I really just felt like not being around anyone not being [illegible]
with nothing. Of course that didn’t happen kind just want to be left alone for a
little while. Pry going to spend a lot of time in my room for the next week or so
IDK! . . . that’s really all I got I’m not in the mood to be writing I feel mad!
[August 30, 2018]
* * *
I’m not going to lie I got to get my shit together and fast! . . . The worst
part is I recognize what Im doing wrong yet I steady here doing dumb stuff I don’t
know how to fix it! How to fix my thinking! This is not an exuse at all but my
anxiety has just been so shitty for the past week or so They upped my Zoloft to 250
mg and I came in on 75 mg so Ive just been like the littlest thing will set me off or
make me feel like I don’t want to be around anyone! But I steady have been feeling
that although my deppressions been bad also I constantly feel like just staying in
my room keeping to myself but that only makes it worse for me. When you see me
sitting around playing dominoes making jokes thats all a cover up thats me trying
to cope with how “shitty I really feel throughout the day”! Me as a person I just
constantly feel like “A shitty emotional roller coaster f**k up” I constantly feel like
just breaking down, crying, giving up. The only thing that keeps me going is my
family and I can’t even do right for them! I’m sick of living like this! [September
2, 2018]
* * *
Today has been okay. I haven’t done anything to get into trouble My
deppression is really bad though! I just feel like being alone and I just want for it
to be quiet. My anxiety is also really bad When my anxiety is bad I feel even more
like crap My head is killing me. . . . I need some better advice Something. Im
just not doing good. [September 3, 2018]

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* * *
I’m starting to get mad. Just not good. My meds have been getting upped
for like the last week and they are going to keep getting upped for almost a month
My meds already make me on edge so this is just even worse. I have not been
sleeping good at all My anxiety has been bad Shits just not good! And thats all I
can think My head isn’t in the right place. . . . I just feel like shit The End!
[September 6, 2018]
* * *
I want to say today was a shitty day but it really wasn’t. I’m just in a shitty
mood. I don’t really know what to do anymore seems like everything I do just
isn’t right. like I’m constantly f*****g something up . . . I need help because I
litterally feel like I can’t do this. Shit if I could just stay in bed all day do nothing
I would lately I don’t even feel like talking. I’m not trying to pull any self pity
bullshit But I feel depressed as f**k! [September 7, 2018]
* * *
I don’t even know where to start. Anxiety is bad like it is “every night.”
[September 10, 2018]
No evidence indicates that the mental-health professional with whom JQ treated at Calumet
read his journal entries or took any steps to address his depression and anxiety other than
continually increasing his dosage of Zoloft, which the journal entries suggest may have also
increased his agitation. The journal entries do not indicate that JQ’s mental-health treater worked
with him in any other manner to address his mental-health. In addition, the evidence demonstrates
that suicide attempts and self-harm were not uncommon occurrences at Calumet. Accordingly, I
agree with the majority that there exists a genuine issue of material fact regarding whether
defendants’ conduct demonstrated a substantial lack of concern for whether an injury would result.
II. COMPARATIVE FAULT
With respect to comparative fault, the majority opinion accurately recites the relevant
statutory law and history regarding the adoption of comparative fault in Michigan. Because
caselaw and statutory law require the reversal of the trial court’s ruling granting summary
disposition in plaintiffs’ favor under MCR 2.116(I)(2), I agree that there exists a jury question
regarding comparative fault. Notably, however, the statutory language does not discuss children
and whether a child may be at fault for causing his own or another person’s injury or death. It is
well-established that under Michigan law “minors are not held to the same standard of care as
adults.” Bragan ex rel Bragan v Symanzik, 263 Mich App 324, 328; 687 NW2d 881 (2004). At
common law, “age seven has been treated as a ‘dividing line’ in Michigan.” Estate of Goodwin v
Northwest Mich Fair Ass’n, 325 Mich App 129, 160; 923 NW2d 894 (2018). “Children under the
age of seven are presumptively incapable of committing negligent or criminal acts or intentional
torts.” Bragan, 263 Mich App at 333-334. “In comparison, the capabilities of children older than
seven pose a question of fact for the jury, which is to determine it on the basis of whether the child
had conducted himself as a child of his age, ability, intelligence and experience would reasonably

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have been expected to do under like circumstances.” Estate of Goodwin, 325 Mich App at 160
(quotation marks and citation omitted).
In this case, JQ was 15 years old when he took his own life. Therefore, the trier of fact
must assess his conduct and determine whether it was a proximate cause of plaintiffs’ damages.
See MCL 600.6304(1)(b) and (8). This standard does not seem particularly appropriate, however,
considering that defendants were responsible for JQ’s welfare and supervision, and staff members
failed to monitor him as required despite his journal entries indicating his increasing depression
and anxiety in addition to other evidence indicative of self-harm. Further, as plaintiffs assert, it is
illogical to allow defendants to claim as a defense or mitigation of damages that JQ engaged in the
act that plaintiffs assert defendants negligently failed to prevent. However, statutory law and
Hickey v Zezulka, 439 Mich 408; 487 NW2d 106 (1992) (opinion by RILEY, J.), compel such a
result. Therefore, I reluctantly agree to reverse the trial court’s ruling granting summary
disposition in plaintiffs’ favor with respect to comparative fault and hold that there exists a jury
question regarding that issue.
/s/ Kristina Robinson Garrett

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