Hashem v. Les Stanford Oldsmobile, Inc., Docket No. 245939
| Decision Date | 07 June 2005 |
| Docket Number | Docket No. 249977.,Docket No. 245939 |
| Citation | 266 Mich. App. 61,697 N.W.2d 558 |
| Parties | Al HASHEM, as Personal Representative of the Estate of Ronny Hashem, Deceased, Plaintiff-Appellee, v. LES STANFORD OLDSMOBILE, INC., Defendant-Appellant, and Mohamad Bazzi, Defendant/Cross-Defendant-Appellant/Appellee, and Nagia Abdallah, Defendant, and Shina Inc., d/b/a Sak's Party Store, a/k/a Sal's Party Store, and Huron Entertainment Corporation, d/b/a Clutch Cargo's, Defendants/Cross-Plaintiffs, and Hassan Bazzi, Defendant/Cross-Defendant. Al Hashem, as Personal Representative of the Estate of Ronny Hashem, Deceased, Plaintiff-Appellant/Cross-Appellee, v. Les Stanford Oldsmobile, Inc., Defendant-Appellee/Cross-Appellant, and Mohamad Bazzi, Defendant/Cross-Defendant-Appellee/Cross-Appellee, and Nagia Abdallah, Defendant, and Shina Inc., d/b/a Sak's Party Store, a/k/a Sal's Party Store, and Huron Entertainment Corporation, d/b/a Clutch Cargo's, Defendants/Cross-Plaintiffs, and Hassan Bazzi, Defendant/Cross-Defendant. |
| Court | Court of Appeal of Michigan — District of US |
Koory & Fakhoury, P.L.C. (by Walid Fakhoury), and Bendure & Thomas (by Mark R. Bendure), Royal Oak, Detroit, for Al Hashem.
Sommers, Schwartz, Silver & Schwartz (by Leonard B. Schwartz) and Gross, Nemeth & Silverman, P.L.C. (by James G. Gross), Southfield, Detroit, for Les Stanford Oldsmobile, Inc.
John P. Jacobs, P.C. (by John P. Jacobs and Norton T. Gappy), Detroit, for Mohamad Bazzi. Before: HOEKSTRA, P.J., and MARK J. CAVANAGH and BORRELLO, JJ.
In these consolidated appeals, defendants Les Stanford Oldsmobile and Mohamad Bazzi (collectively referred to as defendants) appeal as of right from a judgment, entered following a jury trial, awarding plaintiff Al Hashem, as personal representative of the estate of his son Ronny Hashem, $12 million as noneconomic damages on his claim for wrongful death. By leave granted, plaintiff also appeals, and Les Stanford Oldsmobile cross-appeals, the trial court's postjudgment order limiting defendants' joint and several liability for satisfaction of the judgment to their pro rata share of comparative negligence, as determined by the jury. Because we conclude that the trial court erred by granting a directed verdict in favor of defendant Sak's Party Store, and by finding Les Stanford Oldsmobile to be jointly and severally liable for the entire award under MCL 600.6312(b)(iii), we reverse and remand.
This case arises from a July 1999 automobile accident in which a vehicle owned by Les Stanford Oldsmobile and driven by Mohamad Bazzi struck the rear of a tractor-trailer, then flipped, killing Ronny Hashem (the decedent) and seriously injuring Kassem Anani, both of whom were passengers in the vehicle at the time of the accident. Mohamad Bazzi, who was intoxicated at the time of the crash, was subsequently convicted of negligent homicide, MCL 750.324, and one count each of operating a motor vehicle under the influence of intoxicating liquor and causing death, MCL 257.625(4), and operating a motor vehicle under the influence of intoxicating liquor and causing a serious impairment of a body function, MCL 257.625(5).
At the May 2002 trial in this case, it was shown that, before his death, the decedent was one of a group of five teenaged friends consisting of himself, Mohamad Bazzi, Kassem Anani, Sammy Johair, and defendant Hassan Bazzi.1 On the night of the accident, the group had made plans to attend a weekly "teen night" at defendant Clutch Cargo's, a Detroit-area dance club frequented by the group. In accordance with these plans, Mohamad, Kassem, and the decedent traveled in Mohamad's new Chevrolet Camaro convertible to Sammy's home, where they met Sammy and Hassan. Mohamad had received the Camaro from Les Stanford Oldsmobile the previous day and was in the process of purchasing the car from the dealership. It was not disputed at trial that, as the owner of the vehicle at the time of the accident, Les Stanford Oldsmobile was statutorily liable for any damages arising from the negligent operation of that vehicle by Mohamad. See MCL 257.401(1).
After meeting Sammy and Hassan, the group traveled to Sak's Party Store, with Kassem and the decedent riding with Mohamad in the Camaro and Sammy riding with Hassan in Hassan's late-model Chevrolet Corvette. At approximately 10:45 p.m., the group arrived at the store, where Mohamad purchased two twenty-two ounce bottles of malt liquor and Kassem and the decedent each purchased gin and orange juice. Mohamad testified that this was not the first time he and the decedent had been to Sak's Party Store, where it was known to all his friends that a minor could unlawfully purchase alcoholic beverages simply by paying a surcharge of between $2 and $3. After obtaining their beverages, Mohamad, Kassem, and the decedent left the party store for Clutch Cargo's, traveling along northbound Interstate 75 (I-75). Sammy and Hassan, who were to join the others at Clutch Cargo's later that evening, went first to a "downtown" bar.
Once on I-75, Mohamad began drinking the first of his two beers, while Kassem and the decedent shared the gin and orange juice. However, on the way to the club, Kassem and the decedent began feeling sick, prompting Mohamad to stop by the side of the freeway to allow them to vomit. At trial, there was a conflict in the testimony regarding what exactly occurred along the side of I-75. According to Mohamad, the trio decided to throw their remaining alcohol away, including Mohamad's second, unopened beer, after which there was no alcohol left in the vehicle. Mohamad further claimed that he consumed no more alcohol that night. Kassem, however, recalled Mohamad drinking the entire way to the club, and also recalled seeing Mohamad consume what he believed to be alcohol while at the club. The three then continued on to Clutch Cargo's, arriving at the club at approximately midnight.
After parking the Camaro, Mohamad, Kassem, and the decedent entered the club, where they were met by Sammy and Hassan approximately one hour later. At approximately 2:00 a.m., the group left the club together and drove to a nearby gas station, where Mohamad engaged in an admittedly heated and profane argument with the station attendant. Mohamad then got back into the Camaro with Kassem and the decedent, and left the gas station for home. None of the three occupants was wearing a seatbelt at that time.
Although acknowledging that he was mad following the argument with the station attendant, Mohamad denied that he was intoxicated when he left the station and testified that there was no reason for anyone to have taken his keys from him.2 Mohamad further testified that the last time he had consumed any alcohol that evening was sometime between 11:00 and 11:30 p.m. while en route to Clutch Cargo's and that, other than water, he had nothing to drink while at the club.
After leaving the gas station and entering southbound I-75, Mohamad accelerated to a speed of approximately ninety miles an hour. Mohamad testified that he knew that he was exceeding the posted speed limit of seventy miles an hour and recalled that the decedent put his seatbelt on shortly after he began speeding. Mohamad indicated at trial that he believed the decedent decided to put the seatbelt on because he was "scared." He could not, however, recall whether the decedent or Kassem ever asked that he slow down. In contrast, Kassem testified that both he and the decedent begged Mohamad to slow down, and that it was only after Mohamad failed to even acknowledge their pleas that the decedent put on his seatbelt.
Mohamad testified that as he drove in the far right-hand lane of southbound I-75, he spoke to no one, but recalled seeing Sammy and Hassan following in the Corvette. Mohamad denied that he was racing with Hassan, and recalled Sammy having motioned at one point for him to slow down. Mohamad did not, however, heed Sammy's appeal to reduce his speed. Shortly thereafter, Mohamad observed a tractor-trailer ahead of the Camaro, also traveling in the far right-hand lane. At trial, Mohamad estimated the tractor-trailer to have been traveling at a speed of between fifty-five and sixty miles an hour, and testified that when he first observed the tractor-trailer, the Corvette was in the center lane, to the left and just behind the Camaro. However, as he approached the tractor-trailer and attempted to pass by moving around that vehicle into the center lane, Hassan increased the speed of the Corvette in an apparent attempt to keep Mohamad behind the tractor-trailer and thereby force Mohamad to slow down. Mohamad testified that he could see Hassan waving at him to slow down, but that he chose instead to attempt to change lanes by "swerv[ing]" between the Corvette and the tractor-trailer. However, while he was attempting the maneuver, the Camaro struck the left rear wheel of the tractor-trailer, causing the Camaro to flip. Mohamad and Kassem "flew" out of the car. The decedent, however, was still belted into the vehicle and remained in the car as it flipped onto its top, then slid across the freeway and into the median.
Mohamad testified that he believed his attempt to pass would have been successful if the Corvette, which passed the Camaro just as the accident occurred, had not been obstructing his path.3 He acknowledged, however, that it was his speeding that caused the accident and, thus, the decedent's death. Blood drawn from Mohamad approximately one hour after the accident indicated that, at the time of the draw, Mohamad had a blood-alcohol level of 0.11 grams per deciliter of blood.
Following the close of plaintiff's proofs, both Clutch Cargo's and Sak's Party Store were dismissed from the suit on separate motions for a directed verdict. Mohamad and...
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