Legal Opinion · Dissent

Beals v. Walker

Michigan Court of Appeals

Decided June 16, 1980No. Docket 78-4454Published

1DissentM. J. Kelly, J.

I concur with the majority opinion with respect to defendant Williamson.

The majority concludes that reversal is not mandated for failure to submit this case to the jury under the doctrine of comparative negligence with respect to the cause of action against defendant Walker, on the ground that the trial court should have granted defendant’s motion for directed verdict. I find that the trial court properly refused to grant defendant’s motion, since plaintiffs presented sufficient evidence on the element of defendant’s alleged breach of the legal duty to maintain his premises in a reasonably…

2Cases cited4 opinions

  1. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  2. Mitcham v. City of DetroitMichigan Supreme Court · 1959
  3. Whitmore v. Sears, Roebuck & Co.Michigan Court of Appeals · 1979
  4. Rivers v. Ford Motor Co.Michigan Court of Appeals · 1979

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