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Ross v. Alexander

254 N.W.2d 605 (1977)

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Ross v. Alexander

Michigan Court of Appeals

254 N.W.2d 605 (1977)

Facts

Jessie Alexander (defendant) was driving a dump truck weighing over five tons when he decided to park it on a residential street. A city ordinance prohibited the parking of vehicles weighing more than five tons on a residential street. That evening, Pamela Ross (plaintiff) was riding in a car that collided with Alexander’s truck. The collision caused Ross to suffer facial and dental injuries, and she brought suit against Alexander. Ross alleged Alexander was liable for negligence per se for violating the ordinance prohibiting parking of overweight vehicles on residential streets. Alexander filed a motion to exclude any reference to the ordinance, noting that Ross was not in the class of persons the ordinance sought to protect. The trial court granted the motion and excluded any reference to the ordinance. The trial court also granted Alexander’s motion for summary judgment, and Ross appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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