Michigan Court of Appeals Rules That Gross Negligence Lawsuit Against Michigan Public School Teacher Can Proceed to a Jury
Southfield, Mich. —June 2, 2017— A. Vince Colella, a civil rights and personal injury attorney and partner with Moss & Colella, P.C., announced that the firm will proceed with a lawsuit in the governmental gross negligence case, Bellinger v Kram, following a Michigan Court of Appeals decision.
Gross negligence refers to actions that show substantial disregard for safety precautions and singular disregard for the clear risks of harm. Bellinger v Kram centers around a Genesee County high school student who seriously and permanently injured her hand in October 2014 after following her shop teacher’s advice that the use of a blade guard was optional when using the classroom saw. The teacher said the blade guard was only necessary when an insurance inspector was present.
On May 25, 2017, the Michigan Court of Appeals said government immunity, the exception for public employees and their designees that may exempt them from gross negligence claims, doesn’t apply in this lawsuit and that a jury should decide whether the student’s injuries were the result of the teacher’s gross negligence.
The jury trial in Bellinger v Kram is expected to take place this fall.
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Established in 1997, Moss & Colella represents the victims of personal injury, civil rights violations, discrimination and wrongful death. The firm is recognized as a leader in complex tort litigation, including excess and deadly force, jail death, sexual abuse and harassment, auto and truck accidents, and other serious injury and wrongful death claims. To learn more about the firm and its diverse areas of practice, visit the Moss & Colella website.
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