Bonin v. Gralewicz

The facts are not in dispute but this factual issue has resulted in a 3-2 division as to whether plaintiff has presented a case for jury determination. I join the three who have stated that plaintiff has not, and dissent to my Brother’s reversal of the trial judge.

Presque Isle county circuit judge, Hon. Philip. J. Glennie, concluding that “we have a situation here where the defendant was not put on notice that there were any children there at all,” and that there was no evidence proving “unreasonable conduct on the part of the defendant that caused the injury,” summarized the evidence as…