Tibitoski v. MacOmb Disposal Service, Inc.

Plaintiffs seek damages resulting from the personal injuries suffered by the minor plaintiff when she was struck by a truck owned by the corporate defendant and driven by defendant Cramer. Plaintiffs appeal as of right from a judgment of no cause of action which was entered following a jury finding that defendants were not negligent. The sole issues involved in the appeal are whether there was prejudicial error in the court’s instructions to the jury, and, if so, whether that error was preserved for appeal by proper objection.

The testimony of the minor plaintiff, age 14 at the time of the…