McCarthy v. Belcher

Plaintiff brought this action against defendant Belcher for assault and battery, and against defendant Nichols under the dram-shop act, MCL 436.22; MSA 18.993. After a jury trial, a verdict for plaintiff was returned against both defendants. The jury computed plaintiff’s damages at $180,000, but found that 25% of plaintiff’s damages were attributable to plaintiff’s negligence. A judgment for plaintiff for $135,000 plus costs and interest was entered, and defendants appeal by right.

I

Defendants argue that the trial court erred by denying their motion for a mistrial. The motion was made after…