Moerman v. Kalamazoo County Road Com'n, Docket No. 58635
| Decision Date | 24 April 1985 |
| Docket Number | Docket No. 58635 |
| Citation | 141 Mich.App. 154,366 N.W.2d 223 |
| Parties | Yolanda MOERMAN, Administratrix of the Estate of Ronald George Moerman, Deceased, Plaintiff-Appellant, Cross-Appellee, v. KALAMAZOO COUNTY ROAD COMMISSION, Defendant-Appellee, Cross-Appellant. 141 Mich.App. 154, 366 N.W.2d 223 |
| Court | Court of Appeal of Michigan — District of US |
Before WALSH, P.J., and MAHER and ROUMELL, * JJ.
(On Rehearing).
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, 341 N.W.2d 829. We therefore reverse our original ruling and affirm the judgment of the trial court.
* Thomas Roumell, 3rd Judicial Circuit Judge, sitting on Court of Appeals by assignment pursuant to Const. 1963, Art. 6, Sec. 23, as amended 1968.
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