Woman's suit against Cheboygan Road Commission will go to the jury
Stephanie Baxter sued the County Road Commission after a truck apparently owned by the Commission "forced her off the road," causing injuries. The Road Commission asked the court to dismiss Baxter's claim because she acknowledged that at one point she considered whether she could avoid a collision by attempting to stop, rather than steering off the road. The Court noted that Baxter's admission that she considered whether she could avoid a collision by attempting to stop was not inconsistent with her claim that her injuries were caused by the negligence of the plow truck driver.
Even if she was negligent in how she responded to the other driver's negligence, Baxter's arguably poor choice among bad alternatives would not excuse the other driver's fault, if Baxter was faced with a "sudden emergency" not of her own making. These questions and her claims, which were corroborated by the investigating police officer, were properly resolved by the jury. The Road Commission was not entitled to summary disposition.