Moskalik v. Dunn

392 Mich. 583 (1974)

221 N.W.2d 313

MOSKALIK

v.

DUNN

No. 6 May Term 1974, Docket No. 54,954.

Supreme Court of Michigan.

Decided September 6, 1974.

Norman P. Ochs, for plaintiffs.

Garan, Lucow, Miller, Lehman, Seward & Cooper (by Ronald C. Winiemko), for defendant.

LEVIN, J.

Our colleagues declare that a trial judge, who decides to instruct a jury on a matter the Standard Jury Instruction Committee recommends no instruction be given, errs reversibly if he fails to comply with GCR 1963, 516.6(3), requiring that the judge, in such case, specifically find for "reasons stated on the record that (a) such an…