Moerman v. Kalamazoo County Road Commission

Plaintiff appeals from the trial court’s order denying her motion for new trial.

On May 28, 1978, plaintiffs decedent was killed when his car left the paved portion of the highway, ran through a ditch, and collided with a tree near the shoulder of the road. There was evidence that decedent had been drinking. The road was in defendant’s jurisdiction. Plaintiff brought this action which came to trial before a jury. At the close of plaintiffs proofs, the trial court denied defendant’s motion for directed verdict. The action went to the jury on the theories of negligence and intentional nuisance.…