Stella Artois is suing our client, Phil Urquel, claiming negligence based on Mr. Urquel shooting Ms. Artois in the face with a potato launcher. Michigan allows a defense to negligence when the plaintiff, as a result of consuming alcohol suffered from an impaired ability to function as a result of consuming alcohol. Michigan courts generally find that when a plaintiff has become voluntarily intoxicated and freely engages in behavior that puts himself/herself and others at risk, the plaintiff can be denied recovery or have his/her recovery reduced. The courts take into account evidence that shows the plaintiff had an impaired ability to function during the incident. The courts generally support finding in favor of the defendant when the plaintiff’s ability to react to a situation was impaired due to being intoxicated because it supports the legislature’s intent to hold …show more content…
Zink, in an unpublished opinion, the plaintiff, although over the legal limit, claimed he did not have an impaired ability to function, but the courts found that additional evidence, besides his BAC, was available to prove that he was impaired and more than 50% the cause of his own injuries. 2009 WL 5194514 (Mich. App.). The decedent was killed when the defendant hit him with her car while he was wearing dark clothing, at night, while walking on the road in the defendant’s lane. The plaintiff claimed that the even though the decedent’s BAC was .21%, he had a high tolerance for alcohol and therefore the alcohol did not impair his ability to function. The court held that the decedent was impaired, and that his impairment was 50% or more the cause of the accident, barring any recovery on his part. The court considered his unreasonable conduct evidence to show that the alcohol had affected his actions. Because the plaintiff did not offer any evidence to rebut this finding, the court used the evidence the defendant had submitted to find that the decedent was more negligent than the