Smith v. Jones

I agree with Justice Kelly that if a driver of an automobile is guilty of gross negligence, the owner would not be liable for such gross negligence under CLS 1961, § 257.401 (Stat Ann 1968 Rev § 9.2101) as only ordinary negligence would be imputed to the owner. In this case, however, we are concerned with the claimed tortious conduct of two persons— Louis Jones, the driver of the automobile that injured plaintiff Ollie Mae Smith, and Heriberto Miranda, the owner of the automobile, who was present in the automobile. The trial court refused to permit the jury to consider the question of whether…