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Edging into intersection is not gross negligence but may be ordinary negligence

Dawana Rodriguez was allegedly hurt when her car struck a police cruiser operated by Trooper Jasen Sack.  Rodriguez had the right-of-way at a Genessee County intersection when the right-turning Sack edged into her path in an attempt to see around a left-turning vehicle.  The trial court and the Court of Appeals ruled that Sack's behavior in blindly placing his vehicle into the path of another vehicle that enjoyed the right-of-way could not be considered "gross negligence."  Therefore, Sack personally enjoyed immunity from liability.  Nevertheless, it was a question of fact for the jury to decide whether Sack's conduct was ordinary negligence:  if it was, the governmental owner of the vehicle did not enjoy immunity under state law.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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