In a personal injury action involving an auto accident, judgment for defendant is affirmed in part where all claims of common-law gross negligence were barred under Michigan law except in certain contexts in which Michigan law exculpated actors for mere negligent conduct; but reversed in part where there was a genuine issue of material fact as to whether plaintiff's negligence exceeded that of defendant's driver.
Argued: June 16, 2009
Decided and Filed: July 24, 2009
Opinion by Judge Moore
Dissent by Judge Friedman