Estate of Aaron Reid v. Thomas Walker
328587
| Mich. Ct. App. | Feb 7, 2017Background
- Aaron Reid (19) rode north on Whitmore Lake Road before dawn on a bicycle without lights/reflectors; his BAC was 0.07. He was struck by a northbound Ford pickup driven by Thomas Walker, thrown onto the roadway, and then struck by two oncoming vehicles driven by Willis and Voight; Reid died at the scene.
- Walker testified he was traveling 45–50 mph, switched to high beams in a curve, saw Reid moving across the road, braked and swerved; police found one headlight on Walker’s truck defective and calculated impact speeds in the high 30s to low 40s.
- Eyewitness accounts conflicted: a passenger (Salmi) gave a police statement that Reid began to cross in front of the truck but later equivocated in deposition; other witnesses did not see the initial contact.
- The estate produced three expert reports (an engineer and a crash-reconstructionist concluding the bike was struck from the rear and was parallel to traffic; a pathologist opining alcohol did not impair Reid), challenging defendants’ account and causation.
- Circuit court granted defendants’ summary-disposition motion, finding Reid more than 51% at fault (citing his BAC and lack of lights) and rejecting experts as speculative; the estate appealed.
- Court of Appeals: reversed as to Walker (genuine issues of material fact on whether Walker struck the bike from rear, was negligent, and whether Reid’s impairment was dispositive); affirmed as to Willis and Voight (no evidence they could or should have perceived Reid’s body before impact).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walker negligently struck Reid (rear vs side impact) | Estate: expert reconstruction shows rear impact while Reid rode parallel; Walker saw Reid earlier and had time to avoid collision | Walker: Reid was crossing the lane; eyewitness/police reports show Reid turned in front of truck, Walker not negligent | Reversed for Walker: expert evidence and record create triable issues about impact angle, speed, and negligence |
| Whether Reid's intoxication (BAC 0.07) precludes recovery under intoxication defense | Estate: eyewitness testimony and pathologist rebut presumption of impairment; BAC alone doesn't establish impaired ability to function | Defs: minor’s BAC triggers statutory presumption of impaired ability to function and bar if >50% cause | Reversed as to Walker: presumption rebuttable; record evidence raises factual dispute about impairment and percentage fault |
| Whether Willis and Voight were negligent in striking Reid after initial collision | Estate: experts say they were speeding and should have avoided Reid's body | Defs: drivers perceived a truck facing wrong-way and did not see Reid on pavement; no evidence they could have avoided the body | Affirmed: no evidence that they could or should have perceived Reid in time to avoid striking him; summary disposition proper for Willis and Voight |
| Admissibility/weight of police report and witness statements at summary disposition | Estate: deposition testimony and expert reports are admissible and create disputes; police report statements are hearsay and cannot be credited over sworn testimony | Defs: rely on police report and officers’ conclusions attributing proximate cause to Reid | Court: police-report hearsay cannot supplant contrary sworn deposition and expert evidence; trial court erred by crediting report over admissible evidence |
Key Cases Cited
- West v. General Motors Corp., 469 Mich. 177 (Michigan Supreme Court 2003) (summary-disposition standard; view evidence in light most favorable to nonmovant)
- Opdyke Investment Co. v. Norris Grain Co., 413 Mich. 354 (Michigan Supreme Court 1982) (affidavits and documentary evidence can create genuine issues of material fact)
- Tolan v. Cotton, 134 S. Ct. 1861 (U.S. Supreme Court 2014) (at summary judgment, courts must draw reasonable inferences in favor of the nonmoving party and avoid weighing credibility)
- Cole v. Barber, 353 Mich. 427 (Michigan Supreme Court 1958) (assured clear distance/stop-within-visible-distance principle)
- Niedzinski v. Coryell, 215 Mich. 498 (Michigan Supreme Court 1921) (historical principles on motorists’ duty when passing bicyclists)
- Reed v. Breton, 475 Mich. 531 (Michigan Supreme Court 2006) (standard to overcome rebuttable presumptions requires competent, credible evidence)