Court holds lower court must conduct trial on the merits to assess fault by three motorists
The family of Edilee Kail Roberts sued three separate drivers after Edilee was killed in a car-motorcycle collision. Roberts was north bound on her bike on M-37 near Newaygo when a truck driven by Travis Adams crossed the centerline and killed her. Adams argued that he was forced to cross into the northbound lane when the van in front of him stopped abruptly in the southbound lane. The van driver argued she did not slow or stop abruptly and the driver of the truck in front of her argued that he did not stop abruptly after missing a driveway he had intended to enter.
The Court reviewed the testimony of the various drivers, passengers, and motorcylist witnesses and concluded that Roberts' family was entitled to a trial on the merits where a jury would resolve the factual variations and inconsistiencies and decide who caused the death.