From our private database of 22,300+ case briefs...
Klanseck v. Anderson Sales & Service, Inc.
Michigan Supreme Court
393 N.W.2d 356 (1986)
Stephen Klanseck (plaintiff) purchased a Honda GL 1000 motorcycle from Anderson Sales & Service, Inc. (Anderson) (defendant). After the sale, Klanseck was riding the motorcycle towards his home when it began to “fishtail.” Klanseck applied the brakes, the motorcycle slid sideways, and Klanseck fell off and sustained injuries. Klanseck received sutures in his left arm, was x-rayed, and he was later released. Twelve days later, Klanseck was diagnosed with a fracture of his right wrist and treated. Klanseck filed suit against Anderson claiming his injuries resulted in chronic pain and numbness in his left arm and hand which significantly interfered with his work as an auto mechanic and eventually resulted in a serious mental disorder. At trial, the court instructed the jury that a plaintiff has a duty to use ordinary care to minimize his own damages. Klanseck objected to the instruction because no evidence had been presented creating an issue that Klanseck had failed to mitigate his damages. Anderson countered that testimony from a neurologist Klanseck had seen about a year before recommended that Klanseck undergo diagnostic testing, an electromyelographic examination, and other tests to determine whether he had a herniated disk that was causing Klanseck to experience numbness and tingling in his hand, back, and legs. According to the neurologist’s testimony, Klanseck declined the recommended treatment. The jury found Klanseck 60 percent negligent and Anderson 40 percent negligent and reduced damages accordingly. Klanseck appealed. The court of appeals affirmed the decision of the trial court. The Michigan Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Williams, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 519,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 519,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.