No Recovery for Intoxicated Pedestrian
The Michigan Court of Appeals concluded that summary disposition was appropriate for two drivers who struck and killed a pedestrian whose blood alcohol content was 0.296. The pedestrian was wearing dark clothing and failed to use the crosswalk.
The Court of Appeals believed that the uncontroverted evidence that the Plaintiff’s decedent had a blood alcohol concentration of 0.296 per 100 millimeters of blood (more than three times the legal limit) created a presumption that the decedent was impaired at the time of the accident. Taking this intoxication into account together with the Plaintiff decedent’s other negligence, the Court of Appeals concluded that no reasonable juror could find under the facts of the case that the decedent was less than 50% at fault. Lawrence v Schauf (unpublished) (2022).
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Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
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