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Solomon v. Shuell

Michigan Supreme Court

457 N.W.2d 669 (1990)

Relevant factsFree

Plainclothes officers arresting robbery suspects shot and killed Solomon after he came out of his house with a gun, apparently believing the suspects needed help; at trial on a rescue-doctrine theory, the jury was instructed that Solomon could avoid a contributory-negligence finding only if the suspects had actually been in imminent, serious peril, and the jury ultimately assigned Solomon comparative fault, reducing his recovery.

IssueFree

Whether a tortfeasor can be held liable for injuring someone who attempts to rescue the tortfeasor's apparent victim, even if that apparent victim was never in actual danger.

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