Maiden v. Rozwood

Corrigan, J.

In these consolidated cases, we granted leave to decide the quantum of proof required to survive a motion for summary disposition in gross negligence actions involving government employees under MCL 691.1407(2)(c); MSA 3.996(107)(2)(c). In Maiden v Radwood,1 unpublished order of the Court of Appeals, entered June 26, 1997 (Docket No. 200635), we hold that plaintiff has failed to present evidence of gross negligence sufficient to overcome the immunity conferred by statute. Therefore, we reverse the decision of the Court of Appeals and reinstate the trial court’s order. In Reno v Chung, although plaintiff presented a material question of fact regarding defendant Chung’s gross negligence, we hold that plaintiff’s claim fails as a matter of law because defendant owed no duty to plaintiff. We therefore affirm the decision of the Court of Appeals, 220 Mich App 102; 559 NW2d 308 (1996).

1. UNDERLYING FACTS AND PROCEDURAL HISTORY A. MAIDEN v ROZWOOD Plaintiff’s decedent, Leith Maiden, was a resident at the Southgate Regional Center, a state mental health facility. He had been diagnosed as a paranoid schizophrenic with adjustment disorder and disturbances of conduct and mood. On June 9, 1994, Maiden, who [*114] was 5'6" tall and weighed 240 pounds, became physically and verbally abusive toward another resident, striking the other resident twice. Paul Troy, a resident care aide, then escorted Maiden back to his assigned residence in another building.