Koepel v. St. Joseph Hospital

The question posed for current review was dealt with below as in syllabi 4 and 5 outlined (8 Mich App 609, 610). It is whether the technical misstatement of plaintiff’s counsel, made in closing jury argument (“We subpoenaed it [the operating table] but it did not show up.”), constituted reversible error.

We hold it did not for two reasons. One is that the quoted error of counsel did not rise to any plane of prejudice according to the standard of regularly cited Dikeman v. Arnold (1890), 83 Mich 218. The other is that the defendant failed to save this question for review, either by motion for…