M Civ JI 13.05 Unavoidable Accident [ Recommend No Instruction ]

Comment

The committee recommends that no instruction be given on “unavoidable accident.”

The Michigan Supreme Court has stated that in most cases an instruction that the “accident” was “unavoidable” constitutes a false and immaterial issue. Lober v Sklar, 357 Mich 166, 170; 97 NW2d 617, 619 (1959); see also McClarren v Buck, 343 Mich 300, 303; 72 NW2d 31, 32 (1955).