ROBERT M ROWE V CHILDREN'S HOSP
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STATE OF MICHIGAN
COURT OF APPEALS
ROBERT ROWE,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 185052
LC No. 93-325211-AV
CHILDREN’S HOSPITAL OF MICHIGAN,
RICHARD STINSON, and CHARLES ZARKIS,
Defendant-Appellants
and
TODD STRUTZ,
Defendant.
Before: Gribbs, P.J., and Saad and J. P. Adair,* JJ.
Saad, J. (dissenting).
I respectfully dissent. Here, the jury expressly found that defendants did not use unreasonable
force, or put another way, that defendants used that force which was reasonable in this situation. If the
force used was reasonable, then defendants met their obligations to plaintiff. “A criminal suspect who
defies police authority does not thereby trigger some enhanced duty or obligation on the part of the
police. The only limitation on the part of the police is the obligation not to use excessive force when
apprehending or attempting to apprehend the suspect.” Jackson v Oliver, 204 Mich App 122, 127;
514 NW2d 195 (1994).
I would reverse and remand with instructions to enter judgment notwithstanding the verdict on
plaintiff’s negligence claim.
/s/ Henry William Saad
* Circuit judge, sitting on the Court of Appeals by assignment.
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