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Intoxicated pedestrian cannot sue driver and infer fault

A gentleman named Williams was admittedly intoxicated when he was struck by a motorist on a dark and rainy early morning on 7 Mile Road.  He filed a lawsuit over his injuries, claiming that the driver's prior statements were inconsistent and that the inconsistencies allowed an inference that she did not exercise due care.  The Court rejected Williams' claim.  His admitted intoxication meant that Williams could not recover unless he proved that the driver was more at fault than he was.  The statements alluded to in Williams' appellate brief did not support negligence by the driver and were inadequate to constitute a reasonable basis for a jury to conclude that the driver was more at fault than Williams. The dismissal of his claim was affirmed.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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