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Zeni v. Anderson

243 N.W.2d 270 (Mich. 1976)

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Zeni v. Anderson

Michigan Supreme Court

243 N.W.2d 270 (Mich. 1976)

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Facts

Eleanor Zeni (plaintiff) was walking to work in the road rather than on a sidewalk because the sidewalk was covered in snow and slippery. She was walking with her back to oncoming traffic on a well-used pedestrian path in the road. Karen Anderson (defendant) was driving on the road and struck Zeni causing severe injury. An eyewitness testified that Anderson’s windshield was completely clouded by the cold weather and as a result, she likely could not see Zeni. A Michigan statute made it illegal to walk on the road where sidewalks were provided, and, where sidewalks were not provided, the statute required pedestrians to walk facing oncoming traffic, if practicable. Zeni brought a negligence suit against Anderson. The trial court found in favor of Zeni, but the court of appeals reversed. Zeni appealed.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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