Anitra Raspberry v. Township of Yates, 333099

On May 20, 2013, Anitra Raspberry was at a public beach picnic area when a Yates Township maintenance employee, Eric Meehan, mowed nearby grass with a riding mower.
Raspberry alleged Meehan drove the mower within about 10 feet of her group, creating dust and debris, and on a later pass a rock was ejected from the mower and struck her forehead, causing a nasal fracture and facial injuries.
Raspberry sued for gross negligence against Meehan and vicarious liability against Yates Township, alleging Meehan failed to inspect for hazards (e.g., rocks) and drove dangerously close to patrons.
Defendants moved for summary disposition based on governmental immunity, asserting Meehan did not act with gross negligence and had inspected the area.
The circuit court denied the motion, finding the factual record might support gross negligence and that a jury could so find; defendants appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Meehan's conduct constituted gross negligence under MCL 691.1407	Meehan drove the mower dangerously close (~10 ft), spewing debris; this showed unreasonable disregard for safety	Meehan inspected the area and the conduct, even if careless, was at most ordinary negligence — thus immune	Court held the facts alleged did not meet the statutory definition of gross negligence; summary disposition for defendants required
Whether Township is vicariously liable if Meehan immune	Township liable vicariously for employee's torts	Township not liable if employee immune under governmental immunity	Court held township immune because employee conduct was not gross negligence, so no vicarious liability

Walsh v Taylor, 263 Mich. App. 618 (review of summary disposition de novo)
Seldon v. Suburban Mobility Auth. for Regional Transp., 297 Mich. App. 427 (de novo review of governmental immunity applicability)
Odom v. Wayne Co., 482 Mich. 459 (MCR 2.116(C)(7) and immunity grounds for dismissal)
Dextrom v. Wexford Co., 287 Mich. App. 406 (consider affidavits/depositions when ruling on C(7))
Zaher v. Miotke, 300 Mich. App. 132 (standard for C(8) motions — accept well-pleaded allegations)
Maiden v. Rozwood, 461 Mich. 109 (plaintiff must show more than ordinary negligence to overcome immunity)
Costa v. Community Emergency Med. Servs., Inc., 475 Mich. 403 (gross negligence must be substantially more than negligent)
Tarlea v. Crabtree, 263 Mich. App. 80 (gross negligence as reckless, willful disregard of safety)
Tallman v. Markstrom, 180 Mich. App. 141 (reasonableness often for factfinder; cited by plaintiff)
Jackson v. Saginaw Co., 458 Mich. 141 (summary disposition standards concerning gross negligence and factual sufficiency)
Ross v. Consumers Power Co., 420 Mich. 567 (vicarious liability exceptions for governmental agencies)