Automobile negligence – use of center left turn lane.

Written by Joseph Collison on . Posted in Legal Updates

Case: Christiansen v. Tazelaar
Court: Michigan Court of Appeals ( Unpublished Opinion )
Judges: Per Curiam – Wilder, Boonstra, and O’Brien

 Plaintiff sued defendant claiming he suffered various spinal injuries when defendant’s car collided with his car in a turn lane. The trial court found that, because defendant had the right-of-way, he did not owe plaintiff a “‘sufficient enough duty to sustain this negligence action,’” and that he did not breach the general duty that all motorists owe to each other. On appeal, the court rejected plaintiff’s argument that the trial court erred by holding that he failed to establish a prima facie case of negligence, noting he “did not offer any documentary evidence to support the allegation that defendant had violated MCL 257.634(2).” (This statute prohibits traveling in the center turn lane for an unreasonable amount of time).