MCR 2.513(B) Interpretation

MCR 2.513(B) provides that, "on application of either party or on its own initiative, the court sitting as trier of fact without a jury may view property or a place where a material event occurred." In West v. Livingston Co Rd Comm, 131 Mich App 63, 67; 345 NW2d 608 (1983), the Court affirmed the trial court's refusal to allow the jury to view the scene where the accident took place in the winter and the trial took place during the summer. Moreover, the court received numerous exhibits depicting the scene. Id. In Dooms v. Stewart Bolling & Co, 68 Mich App 5, 24; 241 NW2d 738 (1976), the Court similarly held that the trial court did not abuse its discretion in refusing to view the scene where the disputed accident allegedly occurred. Changes had been made to the location after the accident, and the record was complete with photographs, blueprints, and drawings of the machine that allegedly caused the accident. Id.