## Facts

- Donna Bernier, as personal representative of the estate of her 17-year-old son Michael Moon, brought a diversity wrongful-death action against the county road commission.
- Moon died when the vehicle he was driving was struck at the rural intersection of Stedman Road and Woods Road in Ionia County, Michigan.
- Bernier alleged the road commission failed to properly mark the intersection and breached a statutory duty to keep the roadway reasonably safe for travel.
- At an investigating officer’s request, the county medical examiner obtained a blood sample indicating Moon’s blood-alcohol content (BAC) was 0.06%.
- The road commission pleaded comparative negligence, asserting Moon drove while under the influence of alcohol and planned to offer witness testimony about Moon’s alcohol consumption and impairment.
- The road commission also asserted it lacked sufficient funds to properly maintain or mark the intersection.
- Bernier sought to introduce evidence of the road commission’s liability insurance to counter potential jury inferences about inability to pay.
- The court addressed pretrial motions, including plaintiff’s motion for partial summary judgment and both parties’ motions in limine, as well as arguments concerning negligent infliction of emotional distress and exemplary damages.

## Issues

1. Whether a BAC of 0.06% entitled plaintiff to partial summary judgment striking the affirmative defense that Moon was “under the influence,” given Michigan’s statutory presumption for BAC below 0.07%.
2. Whether evidence of the road commission’s liability insurance was admissible under Federal Rule of Evidence 411 to counter any misleading “lack of funds” theme.
3. To what extent the road commission could present evidence or argument that insufficient funding excused or explained allegedly unsafe road conditions.
4. Whether Michigan law permitted a separate negligent infliction of emotional distress theory by the decedent’s mother in this wrongful-death setting, and whether exemplary damages were available and on what showing.

## Decision

- The court denied plaintiff’s motion for partial summary judgment seeking to eliminate the intoxication-based affirmative defense.
- The court held Michigan’s BAC presumption for readings below 0.07% was rebuttable and allowed the road commission to attempt to prove impairment through other competent evidence.
- The court granted in part and denied in part the motions in limine addressing financial-condition and insurance evidence.
- The court restricted the road commission from using generalized “poverty” or inability-to-pay themes as a substantive defense or to invite sympathy.
- The court also restricted plaintiff from introducing liability-insurance evidence merely to suggest the road commission could pay a judgment; the court left open limited use if a proper non-negligence purpose arose and the defense opened the door.
- The court narrowly construed negligent infliction of emotional distress in this context and confined exemplary damages to circumstances meeting Michigan’s heightened standards.

## Legal Principles

- Under Michigan law, a BAC below the statutory threshold creates a presumption of not being under the influence, but the presumption may be rebutted by other competent evidence of impairment.
- Evidence disputes about impairment and causation generally present fact questions not suitable for categorical disposition when admissible rebuttal proof exists.
- Federal Rule of Evidence 411 bars liability-insurance evidence to prove negligence or wrongful conduct, but permits it for another purpose (e.g., to correct a misleading impression or show bias), subject to relevance and prejudice limits.
- A governmental entity’s asserted lack of funds does not excuse compliance with statutory roadway-safety duties; trial evidence whose main effect is to imply inability to pay is subject to exclusion.
- Under Michigan law, negligent infliction of emotional distress is limited to defined circumstances and is not automatically available as a separate claim by a close relative in a wrongful-death case.
- Michigan exemplary damages are compensatory in character and require aggravated conduct (e.g., willful, wanton, or malicious behavior), not ordinary negligence.

## Conclusion

The court’s pretrial rulings allowed the road commission to pursue an intoxication-based comparative negligence defense despite a low BAC by treating the statutory presumption as rebuttable, limited both “lack of funds” and insurance evidence to prevent improper jury influence under Rule 411, and confined emotional distress and exemplary damages theories to the narrow circumstances recognized by Michigan law.


Bernier v. Bd. of Cnty. Rd. Comm’rs for Cnty. of Ionia, 581 F. Supp. 71 (W.D. Mich. 1983)