Waknin v. Chamberlain

Defendant was convicted of assault and battery. Plaintiff, the victim, then brought this civil suit against defendant for assault and battery, in part on the basis of the same act that resulted in defendant's conviction. The trial court, relying on Wheelock v. Eyl, 393 Mich. 74,79; 223 N.W.2d 276 (1974), held that evidence of defendant's conviction could not be introduced in this civil case. The jury thereafter returned a verdict of no cause of action. The trial court, relying on its earlier decision and MRE 403, denied plaintiff's motion for a new trial. The Court of Appeals, relying on MRE…