Gallaway v. Chrysler Corp.

Plaintiff, Edward Gallaway, appeals as of right a November 8, 1979, jury verdict of no cause of action in the instant age-discrimination suit. We reverse.

Plaintiff first argues that the trial judge did not properly instruct the jury with regard to the burden of proof in an age-discrimination suit. Specifically, the record indicates that the judge charged the jury that they were to return a verdict in favor of defendant if a determining factor in plaintiff’s desire to retire was something other than age discrimination. 1

Although no Michigan appellate court has been called upon to address the…