WILLOUGHBY v. LEHRBASS

Docket No. 80068.

150 Mich. App. 319 (1986)

388 N.W.2d 688

WILLOUGHBY v. LEHRBASS

Michigan Court of Appeals.

Decided April 7, 1986.


Attorney(s) appearing for the Case

Gockerman, Wilson, Broberg & Swain, P.C. (by Leonard E. Broberg), for plaintiffs.

Cholette, Perkins & Buchanan (by Edward D. Wells), for defendants.

Before: R.M. MAHER, P.J., and ALLEN and R. LAMB, JJ.


ALLEN, J.

In an action for battery and use of unreasonable physical force on a student, must the trial judge instruct on battery solely pursuant to the standard jury instructions, and must the trial judge inform the jury that the school code provision dealing with corporal punishment, MCL 380.1312; MSA 15.41312, applies only where the teacher is acting to maintain proper discipline? These questions and others confront us in this case of first impression concerning...

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