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.