KIMBERLY POWELL V ANDERSON-HICKEY
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STATE OF MICHIGAN
COURT OF APPEALS
KIMBERLY POWELL,
UNPUBLISHED
December 6, 1996
Plaintiff-Appellee,
v
No. 179325
LC No. 90-387780
ANDERSON HICKEY COMPANY, INC.,
Defendant-Appellant.
Before: Holbrook, Jr., P.J., and Taylor and W.J. Nykamp,* JJ.
HOLBROOK, Jr., P.J., dissenting.
I dissent. Evidentiary and instructional errors at trial are not grounds for granting a new trial or
setting aside a jury verdict unless the refusal to take such action appears to this Court to be inconsistent
with substantial justice. MCR 2.613(A); Houston v Grand Trunk Western R. Co, 159 Mich App
602, 609-610; 407 NW2d 52 (1987). The errors at the trial in this matter did not deprive defendant of
a fair trial. Accordingly, I would affirm the jury’s verdict.
/s/ Donald E. Holbrook, Jr.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
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