Lamphiere v. Abraham

1 Citing case

  1. Estate of Morton v. Theta Chi Fraternity

    No. 344556 (Mich. Ct. App. Nov. 19, 2019)

    Under these circumstances, in which the parties essentially agree that Morton's voluntary consumption of alcohol was the cause of his death, we conclude that a reasonable jury could not differ about whether plaintiff's recovery was barred by MCL 600.2955a and therefore that defendants are entitled to judgment as a matter of law. See Piccalo (On Remand), 252 Mich App at 680; see also Lamphiere v Abraham, 493 Mich 1021; 829 NW2d 879 (2013), (YOUNG, C.J. (concurring)) (concurring in the denial of leave to appeal when this Court "correctly affirmed the circuit court's [grant of summary disposition] under MCL 600.2955a(1) that plaintiff's inebriation 'was 50% or more the cause of' " the plaintiff's fall from a balcony, although the case proceeded regarding a possible separate and distinct injury caused by a delay in seeking medical treatment). We conclude that Morton's death, while tragic, wholly or predominantly resulted from his own conduct, and that Morton alone bears personal responsibility for that.