Trial court reversed; claim against government tractor driver is dismissed
Angela Barrett was badly hurt when she fell of a Camp Dearborn hayride. Allegedly the trailer on which she was riding was being driven at 30 to 40 miles per hour, lurching and executing figure-eights when Barrett fell. She argued that the tractor driver was responsible for her injuries.
On behalf of the driver, Mark Anthony Milal, the insurer argued that he was immune from ordinary negligence and that the allegations made by the Plaintiff did not constitute "gross negligence." The Court noted that by the Engler Majority's interpretation of statute, "gross negligence" is not merely extreme negligence, but rather "conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results." It concluded that Barrett's allegations were not adequate to even raise a question of gross negligence to be decided by the jury. The Court claimed in a footnote that allegations of Barrett having a ".19" blood alcohol about one hour after she was hurt played no part it in its decision.