Michigan Court of Appeals; Docket #286107; Unpublished
Judges M.J. Kelly, K.F. Kelly, and Shapiro; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Evidentiary Issues [3135]
TOPICAL INDEXING:
Revised Judicature Act – Impairment Due to Alcohol and Drugs
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed summary disposition for defendant, finding that plaintiff failed to present any evidence that defendant’s acts caused plaintiff’s injuries.
In the early morning of November 27, 2004, defendant was driving eastbound on Seven Mile Road in Detroit when plaintiff, who was apparently intoxicated, staggered in front of defendant’s vehicle and was hit. Plaintiff sued defendant for noneconomic damages allegedly caused by her negligent operation of her vehicle. Defendant moved for summary disposition, arguing there was clear evidence that plaintiff’s intoxication was a significant cause of the accident and that there was no evidence that her actions caused the accident.
In affirming, the court rejected the plaintiff’s argument that defendant was driving too fast for the conditions. In support of his argument, plaintiff presented a statement defendant made to her insurer that she saw plaintiff “just as her wipers cleared the windshield.” In rejecting this argument, the court found that the note did not permit an inference that defendant negligently operated her vehicle. Instead, the court found that the only inference taken from this statement was that plaintiff’s entry into the road was sudden—in less time than it took the wipers to clear the windshield, plaintiff was in front of defendant’s vehicle. Therefore, the court concluded that the statement supported an inference that defendant did not have adequate time to avoid the collision. In this regard, the court stated:
“Williams argues that Robinson’s statement that she only saw him ‘just as her wipers cleared the windshield’ is evidence that Robinson was driving too fast for the conditions. We cannot agree. The only inference that naturally proceeds from this statement is that Williams’ entry into the road was sudden---that is, in less than the time that it takes the wipers to clear her windshield, Williams stepped in front of her car. Thus, this statement actually supports an inference that Robinson had inadequate time to take any steps to avoid the accident.”
