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SUDUL v. CITY OF HAMTRAMCK

Docket No. 170609.

562 N.W.2d 478 (1997)

221 Mich. App. 455

Anthony SUDUL and Teresa Sudul, and Teresa Sudul as Next Friend for Robert Sudul, Bernard Sudul and Victoria Sudul, Plaintiffs-Appellees, v. CITY OF HAMTRAMCK, William Robinson and David Donnell, Defendants-Appellants, and Alex Shulhan, Peter C. Garon, Mark Kay, Mark Jaworski, and Derek Sulakoski, Defendants.

Court of Appeals of Michigan.

Decided February 11, 1997, at 9:05 a.m.

Released for Publication April 29, 1997.

Attorney(s) appearing for the Case

Thomas E. Kuhn and Williams & Youngblood, P.C. by Amos E. Williams, Detroit, for plaintiffs-appellees.

Gault Davison, P.C. by Frederick L. Schmoll, III, and Michael J. Gildner, Flint, for defendants-appellants.

Before MURPHY, P.J., and CORRIGAN and P.D. HOUK, JJ.

CORRIGAN, Judge.

Defendants were not accorded a fair trial because the error regarding assault and battery by gross negligence pervaded the jury instructions and rendered the other special verdicts unsound. We reverse and remand for further proceedings consistent with this opinion.

We specifically agree with the discussion in the dissent/concurrence regarding the nonexistence of a tort called "assault and battery by gross negligence." We especially also hold...

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