Klanseck v. Anderson Sales & Service, Inc

This motorcycle accident case presents two issues involving jury instructions. The first question is whether it was error for the *81trial judge to instruct the jury that it could infer negligence from plaintiffs failure to obtain a motorcycle endorsement as required by MCL 257.312a, 257.312b; MSA 9.2012(1), 9.2012(2). We hold that where evidence is presented which raises an issue regarding a driver’s incompetence or inexperience as a causal factor in an accident, the jury may be instructed that it may draw an inference of negligence from the violation of a licensing statute. It is then for the…