Fraser Trebilcock attorneys Gary C. Rogers and Ryan K. Kauffman have obtained summary disposition in favor of their client, a defendant-driver, in a lawsuit involving a pedestrian/automobile personal injury claim.
At issue was the plaintiff's own comparative negligence in causing the accident. In the lawsuit, which was filed in the Shiawassee Circuit Court, the pedestrian was struck by the defendant-driver as he and a friend attempted to cross a five-lane road outside of the crosswalk at night after both had consumed alcohol.
While the plaintiff's friend managed to safely cross the road, the plaintiff, for some unknown reason, lagged behind his friend and then stepped into the path of the defendant-driver's approaching vehicle resulting in personal injuries to the plaintiff. The plaintiff claimed that the driver of the motor vehicle should have seen him because he was wearing highly reflective clothing. However, attorneys Rogers and Kauffman successfully argued to the Court that under the circumstances, reasonable jurors could not disagree, but that the plaintiff was more than 50% at fault in causing the accident.
Because the no-fault act prevents recovery of non-economic damages when a plaintiff is more than 50% at fault, Rogers and Kauffman argued that the lawsuit should be dismissed without a trial, and the Court agreed.