In a personal injury action involving an auto accident, judgment for defendant is affirmed in part where all claims of common-law gross negligence were barred under Michigan law except in certain contexts in which Michigan law exculpated actors for mere negligent conduct; but reversed in part where there was a genuine issue of material fact as to whether plaintiff’s negligence exceeded that of defendant’s driver.

Read Biegas v. Quickway Carriers, Inc., No. 08-1283

Appellate Information

Argued: June 16, 2009

Decided and Filed: July 24, 2009

Judges

Opinion by Judge Moore

Dissent by Judge Friedman

Counsel

For Appellant:

Vernon R. Johnson, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, MI

For Appellees:

Michael J. Hutchinson, Hutchinson & Associates, Detroit, MI

 

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