Opinion

Terrell v. LBJ ELECTRONICS

  • 188 Mich. App. 717
  • 470 N.W.2d 98
Court
Michigan Court of Appeals
Filed
May 6, 1991
Status
Published
Author
Sullivan
On the bench
Murphy, Sullivan, Sawyer
Cited by
12 cases
Authority
More cited than 7.6%

once the existence of a duty is established, it is for the jury to decide whether the defendant breached that duty

How later courts described this case

  • once the existence of a duty is established, it is for the jury to decide whether the defendant breached that duty
  • boy scout leader, who voluntarily agreed to transport boy scouts from meeting, assumed a duty to perform carefully, regardless of his status as the troop leader

Written by the judges who cited it.

The opinion

Sullivan, J.

(dissenting). I dissent.

Defendant Lantz delivered the 11 ^-year-old plaintiff, José Terrell, to his home. Defendant stopped his car across the street from the Terrell home and let the boy out. Young Mr. Terrell started to cross the street when he was hit by a car.

Defendant owed no special duty to plaintiff. The ordinary rules of negligence apply. Plaintiff minor was not in a position where, as suggested by the majority, he had lost control to protect himself. As stated in Madley v Evening News Ass’n, 167 Mich *723 App 338, 342 ; 421 NW2d 682 (1988): "Most children at the age of twelve can appreciate the dangers of crossing a busy street. . . .”

Plaintiff asks this Court to create some special relationship between plaintiff and defendant that would in turn create a duty on the part of defendant. I, for one, decline to accept the invitation.

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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