Vermilya v. Dunham

In Vermilya v. Dunham, 195 Mich App 79, 80-81; 489 NW2d 496 (1992), the Court affirmed the grant of summary disposition under MCR 2.116(C)(7). In Vermilya, an elementary school student was injured when several students pushed over a steel soccer goal. Id. at 80-81. The father of the injured student sued the school's principal, alleging gross negligence; however, the trial court granted the principal's motion for summary disposition. Id. at 80-81, 83. On appeal, we noted that the trial court properly granted summary disposition because reasonable minds could not conclude that the principal's conduct amounted to gross negligence. Id. at 83. When the principal learned of the soccer goal's unsafe condition two weeks before the student's accident, the principal took several measures to ensure the safety of the students. Id. For example, upon learning of the hazard, the principal asked the maintenance person to anchor the loose soccer goal, he warned students to stay away from the soccer goals, and he punished students for climbing the goals. Id.