Moerman v. Kalamazoo

Full title: MOERMAN v KALAMAZOO COUNTY ROAD COMMISSION (ON REHEARING)

Court: Michigan Court of Appeals

Date published: Dec 28, 1984

366 N.W.2d 223 (Mich. Ct. App. 1984)

366 N.W.2d 223

Opinion

Docket No. 58635.

Decided December 28, 1984.

Sloan, Benefiel, Farrer Newton (by Gary C. Newton), for plaintiff.

Lilly, Domeny Durant, P.C. (by Jeffrey E. Gwillim), for defendant.

ON REHEARING

Before: D.F. WALSH, P.J., and R.M. MAHER and T. ROUMELL,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

In Moerman v Kalamazoo County Road Comm, 129 Mich. App. 584; 341 N.W.2d 829 (1983), we held that numerous errors had denied plaintiff a fair trial and we reversed the judgment of the trial court. Defendant moved for rehearing, arguing that this Court had misunderstood a factual question in the case (the position of the tree struck by the decedent's car in relation to the shoulder of the road) and that this Court's opinion had failed to address various arguments raised by defendant. After reconsideration, we conclude that our original opinion was wrongly decided for the reasons expressed in Judge. WALSH'S dissent to that opinion. 129 Mich. App. 597. We therefore reverse our original ruling and affirm the judgment of the trial court.