State Trooper's fail to yield right-of-way is not "gross negligence"
In Sulskis v. Van Effen, the Court of Appeals dismissed the injured motorist's negligence claim against a State Trooper who made a left turn directly in front of him. The Trooper admitted fault, acknowledging that he never saw the oncoming Plaintiff despite adequate visibility, but claimed governmental immunity for his error. The trial court had held that whether he was guilty of gross negligence, thereby negating immunity, was a question of fact. The appellate court ruled that Sulskis had only presented evidence of ordinary negligence and therefore his case against the trooper should be dismissed.