NORMAN REZMER V JON ALTMAN
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STATE OF MICHIGAN
COURT OF APPEALS
NORMAN REZMER and DONALD REZMER,
UNPUBLISHED
Plaintiffs-Appellants,
v
SCOTT ALTMAN,
No. 181355
Midland Circuit Court
LC No. 91-008904-NO
Defendant-Appellee,
and
JON ALTMAN and BROOK ALTMAN,
Defendants.
Before: O’Connell, P.J., and Smolenski and T.G. Power*, JJ.
SMOLENSKI, J. (concurring in part and dissenting in part).
I concur with the majority opinion that the trial court’s supplemental instruction included an
element required for the theory of joint enterprise and, therefore, did not fairly and accurately present
plaintiffs’ concert of action theory to the jury. I respectfully dissent from the majority’s decision to
nevertheless affirm. In light of the particular circumstances of this case, I believe that whether each of
these defendants acted tortiously pursuant to a common design was a question for the jury. In light of
the erroneous supplemental instruction, I would reverse the judgments of no cause of action entered
with respect to defendants and remand for a new trial.
/s/ Michael R. Smolenski
* Circuit judge, sitting on the Court of Appeals by assignment.
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