MSU and one of its employees were found to be not liable for a fatal 2005 traffic accident in which a man was struck and killed by a stolen MSU vehicle that was left unattended, a Michigan Court of Appeals decided May 8.
The vehicle, a 2003 Chevrolet pickup truck, was running and unlocked when it was reportedly found by a then-19-year-old drunken Marshall, Mich., man who drove it into oncoming traffic along Grand River Avenue. The vehicle struck and killed John Hawkins, an Okemos resident, who was driving along the avenue.
MSU electrician Alan Almy left the MSU pickup truck outside the Physical Plant building at about 5:15 a.m., March 18, 2005, while he went inside, the court opinion stated.
The court of appeals reversed a lower court decision, stating that Almy’s actions do not constitute gross negligence.
The truck was reportedly stolen by Alexander Hamil, who had no affiliation with MSU. Hamil was visiting friends and drinking alcohol in the dormitories before he noticed the unattended truck, the opinion stated.
Hamil drove the truck on Grand River Avenue and crossed the centerline into oncoming traffic, striking and killing Hawkins, the opinion read.
Lawyers for Hawkins’ estate argued Almy’s actions, which they believe represent those of MSU, were grossly negligent and thus that both Almy and MSU were liable for Hawkins’ death.
“Hamil wasn’t trying every car door on every thousandth vehicle and checking to see if someone left keys under the doormat,” said Larry Nolan, an attorney for Hawkins’ estate. “It was a situation where he was drawn to the vehicle because it was running. … It’s like the 11th commandment — thou shall not leave their keys in the car.”
MSU lawyer Michael Kiley said the true claim is against Hamil, and he is responsible for the death.
“(Almy’s) only kind of sin is leaving the truck running,” Kiley said. “That’s small potatoes compared to the young man who stole the truck and caused the accident.”
The court stated Almy’s actions did not amount to gross criminal negligence because he did not display a willful disregard of safety precautions, and thus MSU and Almy were not the parties liable for Hawkins’ death.
The mere fact that a death results from a government employee’s actions does not in and of itself support a conclusion that the employee acted in a manner that evidenced a substantial lack of concern for whether an injury occurred, the opinion stated.
Nolan said he will attempt to take the case to the Michigan Supreme Court.
“My position is it was the gross negligence of leaving keys in your automobile that allowed Mr. Hamil to drive that vehicle away,” he said.
“That would have never happened before the gross negligence of the employee.”
Almy declined to comment.
Hamil, now 23, was convicted of second-degree murder and is in prison with April 2013 set as his earliest date of release.
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