Wrongful death; Governmental immunity; Odom v Wayne Cnty; Gross negligence; MCL 691.1407(2)(c); MCL 691.1407(8); Tarlea v Crabtree; The interplay between an entity’s internal rules & regulations & the standard of care in negligence cases; Meyers v Reick; Civilian aid (CA)

Holding that reasonable jurors would agree that defendants-police officers’ conduct did not amount to gross negligence, the court reversed and remanded for entry of judgment in their favor. Plaintiff sued defendants for the wrongful death of her sister, Priscilla, who died in her jail cell after being arrested. She alleged they “engaged in gross negligence and wanton and willful misconduct by not obtaining medical care and treatment for Priscilla and not properly monitoring her health status despite her extreme intoxication, which nonfeasance was the proximate cause of her death by alcohol withdrawal syndrome.” The trial court denied defendants’ motion for summary disposition, finding “reasonable minds could differ on the issue of gross negligence and that there otherwise existed ‘questions of fact all over the place.’” On appeal, the court agreed with defendants that (1) “no reasonable juror could find [they] were grossly negligent and that (2) no reasonable juror could conclude that” their conduct was the proximate cause of Priscilla’s death. First, “the documentary evidence established as a matter of law that” Officers L and J and Lieutenant S “did not engage in conduct so reckless as to demonstrate a substantial lack of concern for whether Priscilla might suffer an injury.” The documentary evidence also failed to show that Detective R “engaged in conduct so reckless as to demonstrate a substantial lack of concern for whether an injury resulted to Priscilla.” In addition, CAs O, R, A, and W “did not engage in conduct so reckless as to demonstrate a substantial lack of concern for whether an injury resulted to Priscilla.” As to those defendants, “their knowledge of Priscilla’s intoxication and drug use might demonstrate ordinary negligence for failure to procure medical assistance or treatment, but it does not constitute gross negligence.” Finally, there was “insufficient documentary evidence to create an issue of fact regarding whether” Officer M and O “were grossly negligent for failing to secure medical care and treatment for Priscilla in light of her level of intoxication.”