Morris Ex Rel. Morris v. Klein

CLEMENS, Commissioner.

The issue here is the propriety of having given defendant’s modified MAI converse instruction. The jury found for the defendant, but the trial court granted the plaintiff a new trial on the ground that it had erred in giving the defendant’s converse instruction. Now, the defendant has appealed, contending that his converse instruction was properly given. Our decision depends on the answers to two questions. First, was it error for the defendant to modify an MAI converse instruction in order to conform to the plaintiff’s modified MAI verdict-directing instruction?…