LASHONDA DIXON V CITY OF TAYLOR
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STATE OF MICHIGAN
COURT OF APPEALS
LASHONDA DIXON, Personal Representative of
the Estate of CHARLES DAWSON,
UNPUBLISHED
April 27, 2010
Plaintiff-Appellant,
v
CITY OF TAYLOR and LLOYD EDWARDS,
a/k/a MATTHEW EDWARDS,
No. 290074
Wayne Circuit Court
LC No. 08-101190-NO
Defendants-Appellees.
Before: M.J. KELLY, P.J., and TALBOT and WILDER, JJ.
PER CURIAM.
Plaintiff appeals as of right the grant of summary disposition in favor of defendants
pursuant to MCR 2.116(C)(10). We affirm.
Defendant Edwards, a police officer employed by defendant City of Taylor, shot the
decedent, Charles Dawson, while in the line of duty. On the day of the incident, the decedent
had been consuming alcohol. He was described as being depressed and acting in a violent
manner. The decedent had destroyed several items of personal property and inflicted injuries
upon himself and his wife before the police were called to their residence. Specifically, the
decedent broke cell phones, struck his wife in the leg with an object, broke both a computer
within the home and the windshield of a vehicle, and cut himself and his wife with a 9-inch
serrated bread knife.
When the officers arrived at the scene, the decedent’s wife approached and warned them
that the decedent had a knife, was depressed, and wanted them to shoot him. The decedent
exited the house holding a knife in an aggressive manner and advanced toward defendant
Edwards. The decedent ignored the officers’ verbal warnings to drop his weapon. Defendant
Edwards shot the decedent eight times while the decedent continued to advance with the knife
toward defendant Edwards. It was not until the decedent fell and dropped the knife that another
officer was able to kick the knife away from the decedent’s reach.
On appeal, plaintiff contends that the trial court erred in finding that a genuine issue of
material fact did not exist with regard to the issue of gross negligence. This Court reviews the
grant or denial of a motion for summary disposition de novo. Brown v Brown, 478 Mich 545,
551-552; 739 NW2d 313 (2007). When reviewing a motion brought under MCR 2.116(C)(10),
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this Court considers the “pleadings, admissions, and other evidence submitted by the parties in
the light most favorable to the nonmoving party.” Id. at 552. A grant of “summary disposition is
appropriate if there is no genuine issue regarding any material fact and the moving party is
entitled to judgment as a matter of law.” Id. In addition, the applicability of governmental
immunity comprises a question of law that we also review de novo. Ballard v Ypsilanti Twp,
457 Mich 564, 567; 577 NW2d 890 (1998).
MCL 691.1407(2), which delineates the circumstances permitting the invocation of
governmental immunity by employees, provides:
Except as otherwise provided in this section, and without regard to the
discretionary or ministerial nature of the conduct in question, each officer and
employee of a governmental agency, each volunteer acting on behalf of a
governmental agency, and each member of a board, council, commission, or
statutorily created task force of a governmental agency is immune from tort
liability for an injury to a person or damage to property caused by the officer,
employee, or member while in the course of employment or service or caused by
the volunteer while acting on behalf of a governmental agency if all of the
following are met:
(a) The officer, employee, member, or volunteer is acting or reasonably
believes he or she is acting within the scope of his or her authority.
(b) The governmental agency is engaged in the exercise or discharge of a
governmental function.
(c) The officer’s, employee’s, member’s, or volunteer’s conduct does not
amount to gross negligence that is the proximate cause of the injury or damage.
In this appeal, we are concerned only with the applicability of MCL 691.1407(2)(c), regarding
plaintiff’s assertions that defendant Edwards’ actions constituted gross negligence establishing
liability.
For purposes of immunity, gross negligence is statutorily defined as “conduct so reckless
as to demonstrate a substantial lack of concern for whether an injury results.” MCL
691.1407(7)(a); see also, Costa v Community Emergency Med Serv, Inc, 475 Mich 403, 411; 716
NW2d 236 (2006). This definition implies the existence of a “willful disregard of precautions or
measures to attend to safety and a singular disregard for substantial risks.” Tarlea v Crabtree,
263 Mich App 80, 90; 687 NW2d 333 (2004).
Plaintiff has failed to demonstrate that the actions of defendant Edwards constituted gross
negligence in order to preclude the applicability of governmental immunity. The record
establishes that the decedent was violent before the officers arrived at the scene. The decedent
had destroyed several items of personal property and inflicted injuries to both himself and his
wife. He exited the residence and advanced toward the officers while holding a knife, which was
raised in an aggressive or threatening manner. The decedent refused to drop the weapon despite
verbal directives from the officers. Given these circumstances, the shots fired by defendant
Edwards were in self-defense and do not constitute “conduct so reckless as to demonstrate a
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substantial lack of concern for whether an injury results.” MCL 691.1407(7)(a); Costa, 475
Mich at 411. Consequently, the trial court did not err in granting summary disposition in favor
of defendants. Brown, 478 Mich at 552.
In addition, plaintiff asserts that the trial court erred by finding that defendant Edwards’
act of shooting decedent was not the direct proximate cause of the decedent’s injuries. Based on
our determination that defendant Edwards’ actions did not constitute gross negligence, plaintiff’s
arguments pertaining to proximate causation are rendered moot and need not be addressed by
this Court. Eller v Metro Contracting, 261 Mich App 569, 571; 683 NW2d 242 (2004).
Affirmed.
/s/ Michael J. Talbot
/s/ Kurtis T. Wilder
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