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PEOPLE v. KESKIMAKI

Docket No. 97060, (Calendar No. 1).

446 Mich. 240 (1994)

521 N.W.2d 241

PEOPLE v. KESKIMAKI

Supreme Court of Michigan.

Decided August 23, 1994.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Gary L. Walker, Prosecuting Attorney, and Scott K. Hanson and Terrence E. Dean, Assistant Prosecuting Attorneys, for the people.

Mark Peter Stevens for the defendant.

BRICKLEY, J.

We granted leave in this case to determine whether the accident exception1 to the physician-patient privilege contained in subsection 9 of the implied consent statute encompasses the situation in which an occupied vehicle is lawfully "parked" on the shoulder of the roadway with headlights on and engine running. We conclude that both the trial court and the Court of Appeals erred in characterizing such a situation as an accident...

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