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PLACEK v. CITY OF STERLING HEIGHTS

Docket No. 59710, (Calendar No. 1).

405 Mich. 638 (1979)

275 N.W.2d 511

PLACEK v. CITY OF STERLING HEIGHTS

Supreme Court of Michigan.

Decided February 8, 1979.

Attorney(s) appearing for the Case

Lopatin, Miller, Bindes, Freedman & Bluestone (by Sheldon L. Miller and Michael Gagleard) for plaintiffs.

Coticchio, Zotter & Sullivan, P.C. (Sommers, Schwartz, Silver & Schwartz, P.C., by Richard D. Toth, of counsel), for defendants.

Amici Curiae:

Foster, Swift, Collins & Coey, P.C. (by David W. McKeague and James D. Adkins), for American Insurance Association, Alliance of American Insurers, and National Association of Independent Insurers.

Bodman, Longley & Dahling (by Theodore Souris and James J. Walsh) for State Farm Automobile Insurance Company.

Decided February 8, 1979. Rehearing denied 406 Mich. 1119.

WILLIAMS, J.

In this case we consider whether to adopt a rule of comparative negligence in Michigan. The factual circumstances involve a close question of the negligence of one or both of two drivers: driver Placek, a layperson who was traveling on a through street and the other, Police Officer Ernst on an emergency run traveling past a stop sign. We do not sit as trier of fact as to whether either...

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