Court rules bus driver must face trial on allegations of gross negligence
Dollie Mae Hilbert's insurance company appealed the trial court's decision not to grant her immunity after she rear-ended another vehicle causing injuries. She claimed that there was no basis to hold her responsible for "gross negligence," because she claimed another vehicle made an abrupt stop at a yellow light in front of her. The appellate court noted that there was also evidence that Hilbert simply struck a vehicle that had already stopped at a red light and that a resasonable juror could interpret the facts as showing "gross negligence." Under the law, the Court cannot weigh credibility or decide factual questions by summary disposition. For that reason, the appellate court concluded that the trial judge was correct in setting Hilbert's case for jury trial.