# Terrell v. LBJ ELECTRONICS

> Michigan Court of Appeals · May 6, 1991 · 188 Mich. App. 717

URL: https://www.frixlaw.com/law-library/cases/9657016

## Case

- **Full name:** Terrell v. Lbj Electronics
- **Court:** Michigan Court of Appeals
- **Decided:** May 6, 1991
- **Citations:** 188 Mich. App. 717; 470 N.W.2d 98
- **Precedential status:** Published
- **Opinion:** Dissent by Sullivan
- **Judges:** Murphy, Sullivan, Sawyer
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9657016

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9657016. Public record. Not legal advice.