ROBERT GORSKI V JAMES RIDDLE
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STATE OF MICHIGAN
COURT OF APPEALS
ROBERT GORSKI and JUDITH GORSKI,
UNPUBLISHED
November 4, 1997
Plaintiffs-Appellees,
v
No. 196754
Wayne Circuit Court
LC No. 94-427636 NO
JAMES RIDDLE, RENE ROB PARE, ERIC
HEINER and MICKEY DEAN,
Defendants-Appellants.
Before: Holbrook, Jr., P.J., and Michael J. Kelly and Gribbs, JJ.
MEMORANDUM.
Defendants appeal by leave granted from a Wayne Circuit Court order, denying their motion for
summary disposition predicated on governmental immunity. The circuit court found an issue of fact
existed whether defendants, employees of a municipal golf course, were grossly negligent, as defined by
§ 7(2)(c) of the Governmental Immunity Act, MCL 691.1407(2)(c); MSA 3.996(107)(2)(c). This
appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendants’ alleged negligence consisted of rewiring the ignition system of the motorized golf
carts so they could be operated without a key. Assuming for purposes of this appeal that this was
negligence, for plaintiff to have been injured in the manner that actually occurred, significant subsequent
and supervening events of negligence by third parties had to occur. Here, the golf carts had been
arranged to facilitate the “shotgun start” of the persons participating in the political fundraising event.
The driver of the cart which struck plaintiff had to assume that the carts, despite being so arranged,
were inoperable, and had to have attempted to operate the machine by depressing the accelerator pedal
while plaintiff was standing directly in front of him. The actions of defendants, even if negligent, do not
represent conduct so reckless as to demonstrate a substantial lack of concern for whether an injury
results. On this point, reasonable minds could not differ. Harris v University of Michigan Board of
Regents, 219 Mich App 679, 694; 558 NW2d 225 (1996); Cebreco v Music Hall Center for the
Performing Arts, Inc, 219 Mich App 353, 362; 555 NW2d 862 (1996); see also Smith v Kowalski,
223 Mich App 610; ___NW2d ___ (1997).
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Reversed and remanded for further proceedings consistent with this opinion. We do not retain
jurisdiction.
/s/ Donald E. Holbrook, Jr.
/s/ Michael J. Kelly
/s/ Roman S. Gribbs
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