Court affirms dismissal of snowmobiler's injury action
Vincent Duquette was hurt when his sled was struck by a car driven by Troy M. Reister. Reister claimed that Duquette "darted out" in front of him, without notice, on a Shiawassee County Road. The trial judge determined that Reister enjoyed the right of way, and concluded that under any development of the disputed facts, Duquette would still be more than fifty percent at fault and therefore unable to secure a judgment. The Court of Appeals reviewed the facts and concurred in the trial judge's assessment that there was no reasonble way that jurors could conclude that Reister was more than fifty percent at fault.