Solomon v. Shuell

While I concur in parts i and ii of the separate opinion of Justice Boyle, I dissent from the majority’s holding that instruction on the rescue doctrine requires reversal.

Although the instruction as given by the trial court was not inconsistent with SJI2d 13.07, I agree that it was technically flawed for reasons recognized in the other opinions.

However, as the Court of Appeals stated:

[N]ot all instructional error requires reversal. A jury verdict should be vacated only when the error amounts to a defect in the trial such that the failure to set aside the verdict would be inconsistent with…