Zeni v. Anderson

397 Mich. 117, 243 N.W.2d 270 (1976).

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Nature of the Case

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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.