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Doutre v. Niec

Michigan Court of Appeals
138 N.W.2d 501 (Mich. App. 1965)


Facts

Plaintiff endured head and facial injuries as a result of treatment received at the defendants’ beauty shop. He brought a negligence suit for damages. At trial, the court did not permit the defendants to testify about the standard of care that beauty shops in the area used. The jury found in favor of the plaintiff. The defendants filed a motion for new trial due to the court’s refusal to allow them to testify on the standard of care. The trial court granted the motion, but ruled that the new trial would only involve liability, and not damages. Both parties appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Kavanagh, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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