Jason R. Mathers Wins Motion for Summary Disposition in “Dart-Out” Case

N.H. (a minor) v. Mallory Measel, Macomb County Circuit Court, Case no. 2025-000974-NI. This personal injury case arose out of a motor vehicle versus pedestrian accident. The plaintiff and her friend, who were 15 years old, attempted to run across the six lanes of this busy roadway, in the middle of the afternoon. Most of the vehicles were stopped at the traffic light, creating issues with sightlines for both the girls and motorists. But our client was further back and still approaching the intersection in the far-right lane. Ultimately, the collision occurred in that far-right lane. The impact launched the girls several feet, causing serious injuries. Through aggressive discovery, including numerous witness depositions, expert reconstruction, and effective use of the available vehicle camera footage, we were able to successfully argue that the plaintiff had failed to raise any genuine issue of fact that the defendant driver was negligent in causing the accident, and alternatively that the plaintiff was more than 50% comparatively negligent for entering into the intersection outside the crosswalk.