Wicklund v. Draper

Defendants appeal by leave granted from an August 14, 1986, order of the Bay Circuit Court remanding this case to the 74th District Court for a new trial.

Plaintiff filed a breach of contract suit in the district court for improper repair of his automobile. After the close of proofs, but before the jury was instructed, the original six-person jury was reduced to five when a juror became ill and was excused with the consent of the parties. Subsequently, after the jury was instructed, but prior to deliberations, a second juror became ill and was excused by the court. At that time, plaintiff…