Jury Must Decide Comparative Fault Issue In Negligence Case Involving Teen’s Suicide
In this case involving the suicide of a teenage resident at the Calumet Center, a Michigan-licensed child-caring institution, the trial court should not have granted summary disposition for the plaintiff-parents on the issue of comparative fault because it was a factual question for the jury, the Michigan Court of Appeals has ruled.
Court Of Appeals Reverses Trial Court’s Grant Of Summary Disposition After Finding Loading Exception Applies
The Court of Appeals reversed the Trial Court’s grant of summary disposition because Michigan law recognizes a critical exception for loading or uploading in its definition of parking, and thus Plaintiff’s conduct fits within that exception, and because comparative negligence is a question for the jury.
COA Reverses Grant of Summary Disposition; Stating Matter for a Jury
The COA reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist.