People v. McCoy

In People v. McCoy, 223 Mich App 500, 502; 566 NW2d 667 (1997), the Court reaffirmed long-standing case law that, to show gross negligence, the prosecution must establish the defendant had: (1) Knowledge of a situation requiring the exercise of ordinary care and diligence to avert injury to another. (2) Ability to avoid the resulting harm by ordinary care and diligence in the use of the means at hand. (3) The omission to use such care and diligence to avert the threatened danger when to the ordinary mind it must be apparent that the result is likely to prove disastrous to another. People v. Lardie, 452 Mich 231, 251-252; 551 NW2d 656 (1996); People v. Orr, 243 Mich 300, 307; 220 NW 777 (1928).