Kubasinski v. Johnson

This is an appeal of right from a directed verdict against plaintiff in an automobile accident case. Plaintiff is a cyclist.* 1 Defendant is the operator of the involved motor vehicle.

In this state in all but rare instances the questions of negligence and proximate causality are for the jury where, as here, one has been demanded. Comstock v General Motors Corp, 358 Mich 163 (1959); Martiniano v Booth, 359 Mich 680 (1960). Justice Smith in McKinney v Yelavich 352 Mich 687, 692 (1958), expressed it thus:

"Only under the most extreme circumstances, those, in fact, where reasonable minds could not…