A homeowner in Michigan could hold a utility worker accountable for “gross negligence” that resulted in her home burning down, a Michigan appeals court recently decided.
The worker, who was an employee of the Board of Water and Light, a city-owned utility company in Lansing, was working on a house next door to the home of Cora Lee Hobbs-Jackson. The worker wanted a drink of water, and tried to get water from an outside water spigot on Hobbs-Jackson’s house, but the spigot was frozen. The worker then used a gas blowtorch to thaw it. The blowtorch’s flames set Hobbs-Jackson’s house on fire, destroying the building and all the possessions in it. Hobbs-Jackson was not home at the time.
Hobbs-Jackson took the worker and the Board of Water and Light to court, seeking compensation for her losses. Both defendants claimed they were shielded from responsibility by “sovereign immunity,” a legal doctrine under which state, city, and town entities cannot be held responsible for harm caused by negligence (lack of reasonable care) in carrying out their duties. A trial judge agreed and dismissed the case.
However, the Michigan Court of Appeals decided the worker could be held responsible because the use of the blowtorch was considered “gross negligence” — in other words conduct so reckless that it showed an absolute lack of concern for the possibility of harm — and governmental immunity did not apply.
The court ruled that the Board was still immune from suit because it was serving a public function, rejecting Hobbs-Jackson’s argument that the Board was making enough money to generate an actual profit rather than just sustaining itself.
In addition to gross negligence, Virginia offers additional avenues of recovery against governmental entities. In Virginia, willful or wanton negligence by a governmental entity, its contractors, employees, and agents are also excluded from sovereign immunity protection. If you have been injured by a governmental entity, including its employees, contractors, and/or agents, contact Virginia attorney Harry F. Bosen, Jr. for a free case evaluation.