396 Mich. 281 (1976).
One-Sentence Takeaway: Companions of a social venture have a duty to aid each other and that once a party undertakes to aid another, there is a duty to act reasonably.
Summary:
Decedent was severely beaten in a parking lot outside a restaurant while his companion, Defendant Siegrist, escaped injury. Defendant gave Decedent an ice pack to apply to his head. Thereafter, Defendant drove Decedent around, stopping at four different drive-in restaurants. During that time, Decedent fell asleep in the back seat of the car. After approximately two hours, Defendant ended up at Decedent’s grandparents’ house, parked the car in the driveway, unsuccessfully attempted to wake Decedent and left. Decedent was found alive in the car the next morning, but died a few days later.
Decedent’s father sued Defendant for wrongful death and the jury awarded the father $15,000. The Court of Appeals reversed, holding that Defendant had not assumed the duty of obtaining aid for Decedent, and neither knew nor should have known of Decedent need for medical treatment. The father appealed.
The Michigan Supreme Court reinstated the jury’s verdict.
After discussing the functions of the court and jury with respect to the question of duty, the Supreme Court of Michigan concluded: “In a case such as the one at bar, the jury must determine, after considering all the evidence, whether the defendant attempted to aid the victim. If he did, a duty arose which required defendant to act as a reasonable person.”
The Court held that there was sufficient evidence to support the jury’s determination that Defendant failed to exercise reasonable care after voluntarily coming to the aid of Decedent and that his negligence was the proximate cause of Decedent’s death.
The Court also held that Defendant, who was with Decedent the evening he was fatally injured and, as a jury found, knew or should have known of Decedent’s peril, had an affirmative duty to come to Decedent’s aid.