Maddux v. Donaldson - 362 Mich. 425, 108 N.W.2d 33 (1961)

Rule:

When a plaintiff is suddenly imperiled by a serious emergency not of his own making, the law makes allowance for lack of claim judgment, for failure to adopt what subsequently and upon reflection may appear to be a better method. Whether or not a plaintiff is contributorily negligent as to the measures he takes in an emergency is an issue for a jury, under proper instruction.

Facts:

Plaintiffs, driver and his passengers, brought an action for injuries sustained after their car was struck in quick succession by two vehicles. The action was discontinued against the initial skidding driver. Defendant tortfeasor was driving the second car. The trial court dismissed the passengers’ claim for lack of evidence and the driver’s claim because he was guilty of contributory negligence as a matter of law. On appeal, plaintiffs argued that their claims should not have been dismissed as a matter of law and that a jury question was created.

Issue:

Was the dismissal of the case proper under the circumstances? 

Answer:

No.

Conclusion:

The court held that the tortfeasor should not have escaped liability because of the complexity of the injury created by his wrong. The driver was suddenly imperiled by a serious emergency not of his own making. The law made allowance for the driver's failure to adopt what in hindsight would have been a better method of responding to the emergency. Whether or not the driver was contributorily negligent as to the measures he took in the emergency was an issue for the jury, under proper instruction. Whether the damages suffered by plaintiffs were factually and medically separable and the liability for the injuries could be allocated with reasonable certainty to the separate impacts was also a question for the jury. If an indivisible injury occurred, defendants were jointly and severally liable for the damages. However, if there was a reasonable means of apportioning the damages, each defendant was responsible for the harm determined by the jury to have been caused by him.