Johnnie F Shinholster v. Annapolis Hosp

i

I dissent from the majority’s holding that pursuant to MCL 600.6304, plaintiffs pretreatment negligence may be considered by the jury in assessing comparative negligence because it may have been a proximate cause of plaintiffs death. Ante at 546.1 I agree with Justice CAVANAGH’s concurring and dissenting opinion that it would be improper for the jury to consider plaintiffs pretreatment negligence to determine comparative negligence, ante at 597, and I would affirm the Court of Appeals decision on this point.

To determine the comparative negligence of the parties, MCL 600.6304 provides that…