202 Mich. App. 335 - People v. Tims

Weaver, J.

¶1(concurring). I join in the result only of the lead opinion and agree with it in urging the Supreme Court to resolve this issue. The confusion created by the recent Court of Appeals cases1 conflicting with the older Supreme Court cases2 is reflected in the jury instruction, which states:

If you find that [named deceased] was negligent, you may only consider that negligence in deciding whether the defendant’s conduct was [the/a substantial] cause of the accident. [CJI2d 16.20.]

¶2People v Dolen, 89 Mich App 277; 279 NW2d 539 (1977), and People v Abramczyk, 163 Mich App 473; 415 NW2d 249 (1987).

¶3 People v Barnes, 182 Mich 179; 148 NW 400 (1914), People v Townsend, 214 Mich 267; 183 NW 177 (1921), and People v Layman 299 Mich 141; 299 NW 840 (1941).