Bell v. Merritt

On the evening of January 10, 1980, plaintiff was struck by defendant’s automobile while he was attempting to cross a highway. The jury found that both plaintiff and defendant were negligent. The jury attributed to plaintiff 65% of the fault of this accident and assessed plaintiffs recoverable damages at $42,000. From that judgment, defendant appeals as of right.

The testimony revealed that plaintiff attempted to hitchhike home after taking an examination at Michigan Technological University. Plaintiff managed to hitchhike part-way to his fraternity house but had problems making a second…