Defendant's Attorney: Not Avaliable

Description: Detroit, Michigan personal injury lawyer represented the plaintiff on a wrongful death claim

This action arises from a fatal vehicle-pedestrian collision that occurred on August 22, 2020, on Hoover Street in Detroit, Michigan. Early that morning, Watts, driving one of defendant's city buses, ran over Terrence Ragan (decedent) who was in the street. The parties do not dispute that defendant employed Watts at the time of the accident or that Watts was acting in the scope of his employment at that time.

Katina McCleney, a witness at the scene of the accident, was driving northbound on Hoover Street when she saw decedent sitting in the northbound lane, near the curb, with blood running down his face. McCleney drove a bit further but decided to turn around to help decedent; by the time she turned around, however, decedent was lying down in the road. McCleney pulled over and called the police. At some point thereafter, the bus Watts was driving arrived at the scene and also pulled over. McCleney did not see the bus run over decedent. After Watts arrived, however, McCleney saw a black car drive over decedent's body and continue driving without stopping. Another car stopped in the street and directed traffic around decedent's body using a flashlight.

According to Watts, it was dark outside at the time of the accident-after 5 a.m. but before 6 a.m.-and, although there were streetlights on Hoover Street, the specific area where the accident occurred was dark. Watts admitted to running over decedent with the bus. Watts acknowledged that, while driving northbound on Hoover Street, he saw debris in the road and something in front of the bus that looked to him like a long log lying flat on the road (but was actually decedent). Watts claimed that he did not see decedent's body until it was less than 5 feet in front of the bus. Watts applied the brakes but "it was already too late" and he drove over decedent. Watts then pulled over to the side of the road because it had felt different than hitting a pothole. After pulling over, Watts saw another car hit decedent.

Plaintiff instituted this action by filing a complaint alleging, in relevant part, that Watts negligently operated the bus in the course and scope of his employment with defendant, and his negligent operation directly or proximately caused decedent to sustain a serious impairment of body function resulting in decedent's death. Plaintiff further alleged that defendant was responsible for the damages negligently caused by Watts, pursuant to MCL 257.401-the owner's liability provision of the Michigan Vehicle Code, MCL 257.1 et seq.-because defendant owned the bus that Watts drove at the time of the accident; Watts had defendant's "express and/or implied consent and permission" to use the bus at the time of the accident; and Watts negligently operated the bus, causing decedent's death. Defendant subsequently filed a motion for summary disposition, arguing that no genuine issue of material fact existed regarding Watts's alleged negligence. The trial court held a hearing on defendant's motion for summary disposition and ultimately denied the motion, finding that a genuine issue of material fact existed, at a minimum, regarding whether Watts violated the reasonable person's standard of care when he ran over decedent.

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Legal issue Did the trial court err in denying summary disposition by finding a genuine issue of material fact regarding a city bus driver's alleged negligence in a fatal vehicle-pedestrian collision?

Key Phrases Fatal vehicle-pedestrian collision. Governmental tort liability act. Duties under Michigan Vehicle Code. Rebuttable presumption of negligence. Sudden emergency doctrine.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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