Vermilya v. Dunham

Plaintiff appeals as of right the trial court’s order granting summary disposition and awarding costs to defendant. Plaintiff argues that the trial court erred in ruling that defendant’s conduct did not constitute gross negligence, that the award of costs was improper because the filing of the complaint was justified, and that the amount of costs awarded was excessive. We affirm the grant of summary disposition, reverse the award of costs, and remand for redetermination of costs.

On October 4, 1988, plaintiff’s eleven-year-old son was injured when a steel soccer goal was pushed over on top of…