Cole v. Eckstein

I agree with the holding of the majority opinion that the testimony of Donna Eckstein regarding the speed of plaintiffs car at the time of the accident was properly admitted. I also agree with the majority opinion that the jury instruction in question was inapplicable and should not have been given in this case. I dissent from the majority opinion to the extent that the majority holds that the instructional error was harmless.

The decision to give a particular instruction to the jury is within the discretion of the trial court. Williams v Coleman, 194 Mich App 606, 623; 488 NW2d 464 (1992). If…