Bailey v. Graves

The question presented in this civil action for assault and battery is whether the trial court erred in its instruction to the jury on exemplary damages, which failed to explain plaintiff’s burden of proof and the standard of misconduct requisite for recovery of such damages. We hold that the instruction given was deficient in those particulars. Wise v Daniel, 221 Mich 229; 190 NW 746 (1922). Defendants are entitled to a properly instructed jury. Accordingly, we reverse and remand for retrial on the question of the amount of damages plaintiff suffered as a result of defendants’ misconduct,…