Opinion
No. 103761.
June 21, 1996
Leave to Appeal Denied June 21, 1996:
Court of Appeals No. 161651.
I would grant leave to appeal.
The circuit judge erred in granting summary disposition in this automobile negligence case in favor of the driver of the automobile in which the plaintiff was riding on the assumption that all reasonable persons would agree that the driver acted reasonably and that her conduct did not cause plaintiff's injuries.
Although the driver of the second automobile, as set forth in the majority opinion in the Court of Appeals, may have, on deposition, "indicated that it would not have helped for [the driver of plaintiff's automobile to have activated] her flashers because he had lost control of his vehicle prior to the second collision," a jury would not have been required to adopt that evaluation.
Further, as stated by the dissenting Court of Appeals judge, a jury might have found that the driver of the automobile in which plaintiff was riding was negligent in directing her passengers, including the minor plaintiff, to leave the vehicle when and as she did, and that those directions by the driver were a cause of the injuries, without regard to whether activating the flashers would have averted the collision.
I would grant leave to appeal with a view to concluding that summary disposition was unwarranted.
CAVANAGH, J. I concur in the statement of Justice LEVIN.
MALLETT, J. I would grant leave to appeal.