Girl Struck by a Car Because a Driver Waved to Her That It Was Safe to Cross the Street
In Sweet v. Ringwelski, 362 Mich. 138, 106 N.W.2d 742 (1961), a 10-year-old girl relied on what she considered directions from an adult that it was safe to cross the street.
"She testified that she proceeded to the point of impact because she had relied on what she considered directions from an adult and that she would not otherwise have gone on until the traffic had cleared." Sweet, 362 Mich. at 144, 106 N.W.2d at 745.
The Supreme Court of Michigan found it was error for the lower court to determine as a matter of law the intended meaning of the driver's waving action and, more importantly, what meaning it was reasonably foreseeable for a 10-year-old girl to attribute to that waving action. Sweet, 362 Mich. at 145, 106 N.W.2d at 746.