Keep Your Eyes on the Road: A Pedestrian Who Negligently Crosses Roadway May Not Always Be More Than 50% At Fault

Estate of John Conforti, by Donna Conforti, Personal Representative v Stanley Webster Cornell and Metro Controls, Inc. is an unpublished opinion, and therefore is not binding authority. Unpublished decisions may be used as persuasive authority in the lower courts. This case expands upon MCL 500.3135(2)(b), MCL 600.2959 and when a pedestrian is more than 50% percent at fault for a motor vehicle-pedestrian accident.

In Conforti, the Court of Appeals reversed an order granting summary disposition in favor of Defendants based on MCL 500.3135(2)(b) and MCL 600.2959. The Court ruled that even though Plaintiff violated Michigan law and the Uniform Traffic Code when he crossed a seven-lane highway outside of a marked crosswalk, there still existed a genuine issue of material fact regarding whether Plaintiff was more than 50% at fault since he had been visible in the roadway for a sufficient amount of time to be seen and avoided and Defendant driver failed to pay attention to the roadway at the time of the accident.

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