United States Sixth Circuit

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.

Appellate Information

• Decided 07/24/2009
• Published 07/24/2009

Judges

• Before MOORE, GIBBONS, and FRIEDMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Vernon R. Johnson, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, Michigan, for Appellant.  Michael J. Hutchinson, Hutchinson & Associates, Detroit, Michigan, for Appellees.   ON BRIEF:  Vernon R. Johnson, Victor S. Valenti, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, Michigan, for Appellant.  Michael J. Hutchinson, Hutchinson & Associates, Detroit, Michigan, Lincoln G. Herweyer, Law Office, New Baltimore, Michigan, for Appellees.  Nadia Ragheb, Law Offices of Nadia Ragheb, P.C., Farmington Hills, Michigan, for Amicus Curiae.