WHITE v. TAYLOR DISTRIBUTING CO., INC.

Docket No. 134751. Calendar No. 6.

753 N.W.2d 591 (2008)

Sherita WHITE and Derrick White, Plaintiffs-Appellees, v. TAYLOR DISTRIBUTING COMPANY, INC., Penske Truck Leasing Company, LP, and James J. Birkenheuer, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 23, 2008.


Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto) and Gursten, Koltonow, Gursten, Christensen & Raitt, P.C. (by Steven M. Gursten), Royal Oak, Southfield, for the plaintiffs.

John P. Jacobs, P.C. (by John P. Jacobs, Timothy A. Diemer, and Andrew T. Strahan), Detroit, for the defendants.

Vandeveer Garzia, P.C. (by Hal O. Carroll), Troy, for amicus curiae the Michigan Defense Trial Counsel, Inc.


MEMORANDUM OPINION.

At issue is whether the trial court properly granted summary disposition to defendant on the basis of his claim that he experienced a sudden emergency. Defendant,1 James Birkenheuer, rear-ended plaintiff, Sherita White, while she was stopped for a red light. By statute, the driver of a vehicle that strikes another from behind is presumed negligent.2 But defendant claims that, as a matter...

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