Court rules driver of car in accident on freeway is not responsible for evasive actions by driver across median
In David W. Allard v. Sova and Clarkston Steel, Inc., a panel of the Court of Appeals including Henry Saad came to a predictable result, given Saad's presence on the panel. It ruled that a driver who caused a collision on the shoulder of the left lane of eastbound M-59 was not responsible for injuries allegedly suffered by a passenger in the westbound lane. The young woman who was hurt claimed injuries suffered when her father took evasive action in response to the events across the median. The Court of Appeals ruled that the mistake(s) made on the eastbound median shoulder could not be a proximate cause of the girl's injuries. It would appear that the decision is heavily influenced by the unusual presentation of the case: it was pursued by the young woman's bankruptcy estate trustee and did not involve any physical contact with another vehicle.