Order Michigan Supreme Court
Lansing, Michigan
March 28, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
132751 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 132751
COA: 261233
Kent CC: 04-005331-FH
KEVIN JOHN RIDEOUT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the October 26, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE, in part, the decision of the Court of
Appeals. We do not disturb the Court of Appeals ruling that a new trial is warranted
because the jury was not adequately instructed on the issues of proximate and intervening
cause. But the Court of Appeals erred when it concluded that the defendant's wrongful
conduct could not be the proximate cause of the decedent's death. A reasonable jury
could find that the actions of the decedent were foreseeable based on an objective
standard of reasonableness. People v Schaefer, 473 Mich 418, 437-438 (2005), overruled
in part by, explained by, People v Derror, 475 Mich 316 (2006). Accordingly, the
prosecutor may retry the defendant on the charge of operating while intoxicated or
operating while visibly impaired causing death.
We REMAND this case to the Court of Appeals to address the defendant's
remaining issue concerning the admissibility of expert testimony, which may arise again
if defendant is retried on the same charge.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 28, 2007 _________________________________________
d0321 Clerk