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JENNINGS v. SOUTHWOOD

Docket Nos. 96277, 96330, (Calendar Nos. 6-7).

446 Mich. 125 (1994)

521 N.W.2d 230

JENNINGS v. SOUTHWOOD BORODITSCH v. COMMUNITY EMERGENCY MEDICAL SERVICE, INC

Supreme Court of Michigan.

Decided August 2, 1994.

Attorney(s) appearing for the Case

Michael D. Marrs, P.C. (by Michael D. Marrs), for the plaintiff in Jennings.

Sachs, Waldman, O'Hare, Helveston, Hodges & Barnes, P.C. (by David K. Barnes, Jr., Ronald S. Weiner, Elizabeth A. Cabot, and Kathleen L. Bogas), for the plaintiff in Boroditsch.

Cummings, McClorey, Davis & Acho, P.C. (by Marcia L. Howe), for the defendants in Jennings.

Highland & Zanetti, P.C. (by Mark C. Lahti and J.R. Zanetti, Jr.), for the defendant in Boroditsch.

CAVANAGH, C.J.

Our task in these consolidated cases is to determine whether the common-law definitions of gross negligence and wilful and wanton misconduct remain viable against the backdrop of the emergency medical services act (EMSA).1

I. GROSS NEGLIGENCE

A

This Court stated the common-law definition of gross negligence in Gibbard v Cursan, 225 Mich. 311; 196...

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