ZENI V. ANDERSON
397 Mich. 117, 243 N.W.2d 270 (1976).
NATURE OF THE CASE: This was an appeal from a reversal of a damages award for negligence.
FACTS: Zeni (P) was walking to work along a well-used pedestrian snow path on the street
with her back to traffic. The sidewalk was covered with snow. Anderson's (D) car struck P,
causing severe injuries. An eyewitness testified that D's windshield was clouded and that he
doubted if the occupant could see out. D testified that she did not hear nor feel P strike
her car. The eyewitness said that P flipped over the fender and hood. D maintained that P's
failure to use the sidewalk constituted contributory negligence because of a statute. The
statute required pedestrians to use the sidewalk. P suffered from amnesia and had no
recollection of the accident. There was testimony at trial that indicated it was safer to
use the roadway instead of the sidewalk during the winter. The jury gave the verdict to P.
The court of appeals reversed the jury verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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