BERGER v. MEAD

Docket No. 63903.

127 Mich. App. 209 (1983)

338 N.W.2d 919

BERGER v. MEAD

Michigan Court of Appeals.

Decided July 11, 1983.


Attorney(s) appearing for the Case

Lacey & Jones (by Stephen Jay Schwartz), for plaintiffs.

Vandeveer, Garzia, Tonkin, Kerr & Heaphy, P.C. (by Thomas M. Peters), for defendants Daniel Mead and James Gudenburr.

Tyler & Canham, P.C. (by David M. Tyler and Michael J. Walter), for defendant Richard Howell.

Harvey, Kruse, Westen & Milan, P.C. (by Michael F. Schmidt), for defendant David Danaher.

Stewart, O'Reilly, Cornell, Lascoe & Rancilio, P.C. (by Ronald L. Cornell), for defendant Frederick Kellogg.

Thomas J. Ryan, for defendant Larry Brown.

Wilson, Portnoy & Leader, P.C. (by Robert P. Roth), for defendant Raymond Marchewitz.

Before: T.M. BURNS, P.J., and R.M. MAHER and HOOD, JJ.


PER CURIAM.

Occasionally, we on this Court find some opinions difficult to write. A party's injury can so strongly call for compensation that we feel strongly inclined to at least allow the case to go before a jury. Unfortunately, as in this case, the law is too clear on the subject. The Legislature has clearly pre-empted this area thus giving us very little leeway.

This is the second time this case is before this Court. The first time, the trial judge had...

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