A man was injured when his truck was struck from behind by a police cruiser driven by the defendant, an employee of Charter Township of Genesee. The plaintiff had been attempting to make a left turn and apparently was using his turn signal when the defendant, who had been following him, attempted to pass him on the left. The defendant moved for summary disposition, arguing that the plaintiff did not sustain a serious impairment of a body function that affected his general ability to live his normal life and that their conduct did not amount to gross negligence. The trial court granted the motion. The appeals court reversed and remanded, finding the trial court’s conclusion that the defendant was not grossly negligent to be unconvincing.
Pursuant to MCL 691.1407(2), the defendant would be immune from tort liability unless his conduct “amount[ed] to gross negligence that [was] the proximate cause of the injury or damage.” He claimed that he believed the plaintiff was pulling off the road to the right, whereas the plaintiff claimed he had properly activated his left turn signal. Given the critical question of fact, the appeals court could not “conceive of how defendants ha[d] the chutzpah” to contend that the defendant’s conduct was anything but so blatantly reckless as to demonstrate a substantial lack of concern for whether an injury would result.