Michigan Court of Appeals; Docket #246485; Unpublished
Judges Cavanagh, Jansen, and Saad; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Applicability of Comparative Fault to Noneconomic Loss Claims [3135(2)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed summary disposition in favor of defendant on defendant’s contention that plaintiff’s claim for non-economic loss was barred by the 50% comparative negligence provisions of §3135(2)(b) of the Act.
In this case, plaintiff was operating a moped on the wrong side of the road, entering a curve. The defendant was traveling in the opposite direction, allegedly in excess of the prima facie speed law. It was also alleged that defendant had marijuana in his blood stream and was driving on a suspended license. In affirming the trial court’s conclusion that plaintiff was more than 50% comparatively negligent, the court noted that accident reconstruction testimony clearly established that even if defendant had been traveling at the proper speed, the defendant would not have been able to avoid colliding with the plaintiff, who was on the wrong side of the road in a blind curve. Moreover, the court held the defendant “cannot be held responsible because of the sudden emergency exception.” In this regard, the court noted that defendant had no duty to anticipate that the plaintiff would be driving in the wrong lane in a view-obstructed area. Accordingly, summary disposition in favor of defendant based upon the 50% comparative negligence rule was affirmed.
