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BAILEY v. GRAVES

Docket No. 63604, (Calendar No. 1).

411 Mich. 510 (1981)

309 N.W.2d 166

BAILEY v. GRAVES

Supreme Court of Michigan.

Decided August 24, 1981.

Attorney(s) appearing for the Case

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by David K. Barnes, Jr.), for plaintiff.

George W. Crockett, Jr., Acting Corporation Counsel, Sylvester Delaney, Deputy Corporation Counsel, and Hurticene Hardaway, Assistant Corporation Counsel, for defendants.

Decided August 24, 1981. Rehearing denied 412 Mich. 1101.

WILLIAMS, J.

The question presented in this civil action for assault and battery is whether the trial court erred in its instruction to the jury on exemplary damages, which failed to explain plaintiff's burden of proof and the standard of misconduct requisite for recovery of such damages.1 We hold that the instruction given was deficient in those

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