Zeni v. Anderson

397 Mich. 117 (1976)

243 N.W.2d 270

ZENI

v.

ANDERSON

Docket No. 56479, (Calendar No. 8).

Supreme Court of Michigan.

Argued October 10, 1975.

Decided July 8, 1976.

Kendricks, Bordeau, Casselman & Adamini, P.C., for plaintiff.

McDonald & McDonald for defendants.

WILLIAMS, J.

Two issues confront us in this negligence case. The first is the effect of an alleged violation of statute by plaintiff. The second is the sufficiency of Michigan Standard Jury Instruction 14.01 on last clear chance. We hold that violation of a statute by plaintiff or defendant creates a prima facie case from which a jury may draw an…