Kujawski v. Boyne Mountain Lodge, Inc.

The pertinent, facts appear by full quotation in the appellate1 opinion below (3 Mich App 333, 334-336). Presented is question whether the érroneous statement of fact, made by plaintiff’s counsel during final summation,1 constituted revers*383ible error. On motion for new trial Judge Brown ruled in the negative. The panel below reversed for reasons appearing in its cited opinion. We hold-that the trial judge was right and therefore reverse- and remand for further proceedings consistent with our order of December 9, 1966, the relevant portion of which is quoted post.

Plaintiff has rightfully…