Schwartz v. Golden

In this action for assault and battery, after a jury trial in district court, a verdict was returned for plaintiff in the amount of $15,000. Defendant’s appeal to circuit court was dismissed for failure to file an appeal bond, and this Court granted defendant’s application for leave to appeal.

The circuit court erred in dismissing defendant’s appeal. Wright v Fields, 412 Mich 227; 313 NW2d 902 (1981). However, in the interests of judicial economy, we will resolve the issue defendant sought to raise in circuit court.

An action against a coemployee for personal injuries is barred if both…