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KLANSECK v. ANDERSON SALES & SERVICE, INC.

Docket No. 74713, (Calendar No. 12).

426 Mich. 78 (1986)

393 N.W.2d 356

KLANSECK v. ANDERSON SALES & SERVICE, INC

Supreme Court of Michigan.

Decided September 17, 1986.

Attorney(s) appearing for the Case

Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore, Sills & Poling, P.C. (by Robert D. Brignall and James M. Prahler), for the plaintiffs.

Dice, Sweeney, Sullivan, Feikens, Hurbis & Foster, P.C. (by Jon Feikens and Dennis J. Mendis), for defendant American Honda Motor Co., Inc.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by Michael L. Updike) for defendant Anderson Sales & Service, Inc.

WILLIAMS, C.J.

This motorcycle accident case presents two issues involving jury instructions. The first question is whether it was error for the trial judge to instruct the jury that it could infer negligence from plaintiff's failure to obtain a motorcycle endorsement as required by MCL 257.312a, 257.312b; MSA 9.2012(1), 9.2012(2). We hold that where evidence is presented which raises an issue regarding a driver's incompetence...

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