Johnson v. White

In this case we are asked to determine (1) whether the Court of Appeals erred in addressing on remand the question whether the testimony of witnesses Beadle and Schwartz should not have been admitted into evidence, and (2) whether the trial court’s failure to give the requested jury instruction, SJI2d 10.08, requires reversal.

We hold that because this Court denied leave to appeal the issues in plaintiffs cross appeal concerning the testimony of Francis Beadle and Deputy Schwartz, the initial Court of Appeals adjudication of these issues became the law of the case and was not subject to…