# Wynn v. Cole

> Michigan Court of Appeals · August 6, 1979 · 91 Mich. App. 517

URL: https://www.frixlaw.com/law-library/cases/9532282

## Case

- **Full name:** Wynn v. Cole
- **Court:** Michigan Court of Appeals
- **Decided:** August 6, 1979
- **Citations:** 91 Mich. App. 517; 284 N.W.2d 144; 1979 Mich. App. LEXIS 2278
- **Precedential status:** Published
- **Opinion:** Dissent by Riley
- **Judges:** Cynar, Holbrook, Riley
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9532282

## Opinion text

D. C. Riley, J.,
(dissenting). Viewing the evidence in a light most favorable to the plaintiffs, I am unable to conclude that the evidence of malice is so wanting as to preclude plaintiffs’ presentation of their cause to a jury.
Despite plaintiffs’ ostensibly weak case, under either definition of malice, the facts presented here were sufficient to infer a malevolent state of mind on defendant’s part at the time of the publication. Although the trial judge may have arrived at the correct ultimate result, it was not, in view of the facts proffered, and at this state of the proceeding, his decision to make. I would therefore reverse and remand for further proceedings.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9532282. Public record. Not legal advice.