M Crim JI 16.18 Gross Negligence

(1)   Gross negligence means more than carelessness. It means willfully disregarding the results to others that might follow from an act or failure to act. In order to find that the defendant was grossly negligent, you must find each of the following three things beyond a reasonable doubt:

(2)   First, that the defendant knew of the danger to another, that is, [he / she] knew there was a situation that required [him / her] to take ordinary care to avoid injuring another.

(3)   Second, that the defendant could have avoided injuring another by using ordinary care.

(4)   Third, that the defendant failed to use ordinary care to prevent injuring another when, to a reasonable person, it must have been apparent that the result was likely to be serious injury.

Use Note

Use where gross negligence is an element of the crime charged.

See M Crim JI 16.20, Contributory Negligence, where appropriate.

History

M Crim JI 16.18 (formerly CJI2d 16.18) was CJI 16:4:05.

Reference Guide

Case Law

People v Orr, 243 Mich 300, 307, 220 NW 777 (1928); People v Rettelle, 173 Mich App 196, 199, 433 NW2d 401 (1988).