# Poet v. Traverse City Osteopathic Hospital

> Michigan Supreme Court · August 22, 1989 · 433 Mich. 228

URL: https://www.frixlaw.com/law-library/cases/9692523

## Case

- **Full name:** Poet v. Traverse City Osteopathic Hospital
- **Court:** Michigan Supreme Court
- **Decided:** August 22, 1989
- **Citations:** 433 Mich. 228; 445 N.W.2d 115
- **Precedential status:** Published
- **Opinion:** Concurrence by Brickley
- **Judges:** Levin, Brickley, Cavanagh, Archer, Griffin, Riley, Boyle
- **Cited by:** 30 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/9692523

## How later opinions describe it (automated extraction)

- noting that this prejudice inquiry “focus[es] on the causal relationship between an erroneous denial, its effect upon the availability of allotted peremptory challenges, and how each of these factors influenced the ultimate composition of the jury in question.”

## Opinion text

Brickley, J.
I have signed and concur in the opinion of Justice Archer, but wish to express an agreement with one aspect of the dissent of Chief Justice Riley. While I do not think it was the gravamen of the juror’s bias in this case, the practice of testing the jury on specific dollar amount damage awards is not a good practice and is certainly within the court’s discretion to avoid. As the Chief Justice points out, it not only might "pledge” the jury to a verdict to the unfair detriment of the defendant, but in situations where the juror bias is less evident than in this case, it might well create an appearance of bias against a high dollar verdict that is only a reaction to a high dollar figure that is heard prior to the introduction of any evidence or instruction on the law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9692523. Public record. Not legal advice.