Greene v. Union Optical Center, Inc

While concurring with the majority opinion, I believe further comment is in order concerning burden of proof. The instructions on burden of proof were in error because special circumstances did exist in this case, sufficient to shift to the defendants the burden of showing which of them manufactured the broken *173lens. Snider v Bob Thibodeau Ford, Inc, 42 Mich App 708; 202 NW2d 727 (1972). Here the jury may have rested its verdict on the trial court’s instruction that, in the absence of evidence indicating which of the two defendants was liable, the jury should return a verdict in favor of both…