Questions of Fact Exist; Wrongful Death Case Goes to Trial
Plaintiff Estate brought a wrongful death claim against Defendant alleging negligence. The Defendant moved for summary disposition. Summary disposition was granted after the Trial Judge determined that the decedent was more than 50% at fault and that Defendant was presented with a sudden emergency.
The Court of Appeals reversed the summary disposition and sent the case back for trial. The Court of Appeals reasoned that “… there is evidence from which reasonable persons could conclude that Defendant’s negligence was a cause of the accident, proximate cause is an issue for the trier of fact, … as is comparative negligence,” according to the ruling.
Plaintiff’s decedent was crossing a road. He had almost reached the other side when he was struck by the Defendant’s vehicle. It was dark. Eyewitnesses stated the decedent was wearing dark clothing. There was some outdoor lighting. Another person could see the decedent before he was struck.
The investigating deputy sheriff concluded that the decedent was “not yielding to the right-of-way of traffic.” The Trial Court granted the Defendant ‘s motion for summary disposition based upon Defendant’s “sudden emergency” argument and argument that Plaintiff’s decedent was more than 50% at fault.
The Court of Appeals felt that the sudden emergency defense should have been decided by the jury. Also, the Court of Appeals felt that material question of fact existed regarding whether the decedent was more than 50% at fault making summary disposition inappropriate.
Read entire case at:
Schlicker v Kanicki (unpublished opinion)
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
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