Johnson v. White

This case is before us once again on remand from the Michigan Supreme Court for reconsideration in light of Johnson v Corbet, 423 Mich 304; 377 NW2d 713 (1985). In Johnson, the Court abandoned a rule announced in Javis v Ypsilanti Bd of Ed, 393 Mich 689, 702-703; 227 NW2d 543 (1975), which provided that an omission or deviation from an applicable and accurate standard jury instruction which was requested at trial is presumed to be prejudicial error. We relied upon this rule to vacate a judgment of no cause of action against the plaintiff in this case due to the trial court’s refusal to grant…