A plaintiff appealed the trial court’s order granting the defendant’s motion for summary disposition under MCR 2.116(C)(10). Holding that there was a genuine issue of material fact as to whether the plaintiff was more than 50 percent at fault for the accident, the Michigan appeals court reversed and remanded.
At around 9:15 p.m. on November 2, 2013, the plaintiff was walking home from the Applebee’s restaurant where he worked. He testified that he was walking northbound on Monroe Street, while the defendant was driving northbound on Monroe Street, talking on his cell phone with his girlfriend. The defendant’s vehicle struck the plaintiff near the intersection of Monroe Street and LaSalle Road, severely injuring him.