Pawlicki v. Faulkerson

• Decision Date: 10 June 1938
• Docket Number: No. 48.,48.
• Citation: 285 Mich. 141,280 N.W. 141
• Parties: PAWLICKI v. FAULKERSON.
• Court: Michigan Supreme Court

285 Mich. 141

280 N.W. 141

PAWLICKI

v.FAULKERSON.

No. 48.

Supreme Court of Michigan.

June 10, 1938.

Action by Margaret Pawlicki, by her next friend, Casimer J. Pawlicki, against William Faulkerson, for injuries sustained while riding in defendant's automobile which got out of control at a curve. Judgment on a verdict for plaintiff after denial of a motion for judgment notwithstanding the verdict, and defendant appeals.

Reversed without a new trial.

Appeal from Circuit Court, Manistee County; Max E. Neal, judge.

Argued before the Entire Bench.

Don W. Van Winkle, of Howell (Burke & Burke, of Ann Arbor, of counsel), for appellant.

Belcher and Hamlin, of Manistee (Campbell and Campbell, of Manistee, of counsel), for appellee.

CHANDLER, Justice.

On the evening of November 29, 1935, plaintiff, a minor and a gratuitous guest passenger, together with friends, accepted an invitation for a ride in defendant's automobile. The party drove north from the City of Manistee on what is known as the Dunewood Road, continuing thereon to the village of Onekama. From Onekama, they drove north on highway M-22 for a distance of four or five miles, when upon the request of Dorothy Sorenson, one of the passengers, that she be returned to her home, defendant turned his car around and proceeded to make the return trip to Manistee. Very shortly thereafter, while attempting to negotiate a curve, the car skidded, the defendant lost control thereof, and an accident ensued in which plaintiff sustained severe injuries.

Trial resulted in a verdict for plaintiff. Defendant's motion for a directed verdict was taken for advisement under the Empson Act (3 Comp.Laws 1929, Sec. 14531 et seq., 22 Mich.Stat.Ann. Sec. 27.1461 et seq.), and his motion for judgment non obstante veredicto was denied.

On this appeal we view the testimony in the light most favorable to plaintiff and find the same to reveal that the weather conditions on the night of the accident to be exceedingly inclement. It was very dark and the snow and sleet then falling upon the gravel road had coated the highway with ice. The road was winding and it appears that defendant was unfamiliar therewith.

The testimony of one of the occupants estimated the speed of the car to be from 35 to 40 miles per hour. It further appears that because of the icy condition of the road the car skidded many times, especially upon the curves. Dorothy Sorenson testified that she had been over the road many times, knew it to contain many curves, and was positive that defendant was unfamiliar with this particular route. She further stated that she became frightened because of the manner in which the car was skidding on the curves and requested several times that defendant reduce...