Lansing, MI — A long-running legal battle stemming from a 2018 snowmobile crash in the Upper Peninsula has taken a dramatic turn. The Michigan Supreme Court recently issued a landmark decision, reversing a prior ruling by the Court of Appeals and clearing the way for Mark Goss’s lawsuit against the Michigan Department of Natural Resources (DNR) to proceed.
The crash occurred on Trail 8 near Sault Ste. Marie when Goss, a snowmobiler, collided with an ATV driven by a DNR employee. The employee allegedly failed to stop at a stop sign, leading to a fiery explosion that left Goss severely injured. The impact of the collision caused extensive burns to Goss’s body and hands, leaving him permanently disabled. His medical expenses have surpassed $1 million.
In the wake of the crash, Goss filed a lawsuit against the Michigan DNR, claiming negligent operation of a motor vehicle. However, the case has faced significant hurdles due to the doctrine of governmental immunity, a legal principle that protects government agencies from certain lawsuits. The Michigan Court of Appeals had previously ruled in favor of the DNR, but Goss and his legal team appealed the decision to the state’s highest court.
The Michigan Supreme Court’s ruling marks a major victory for Goss. In its decision, the court reversed the Court of Appeals’ ruling, offering Goss a renewed opportunity to seek accountability in the courts. This marks the second time Goss has successfully challenged the application of governmental immunity in his case.
Paul Doherty, the managing partner at Ven Johnson Law in Detroit, represents Goss. He shared the emotional reaction of his client after receiving the news. “I talked to Mr. Goss this morning and he was crying, he was so happy,” Doherty said. “Here’s a guy who’s totally disabled. His hands are burned, his body is burned. It’s very difficult for him to function… When I got to tell him the Michigan Supreme Court disagreed with the Court of Appeals and we’re now back in the game, he was so ecstatic he was crying. It was a great holiday gift for him.”
The court’s decision could have significant implications for Goss’s legal claims, potentially allowing his case to be heard and allowing him the opportunity to seek damages from the DNR. After years of battling both physical and legal challenges, Goss now faces a chance to hold the department accountable for the crash that altered his life.
For Goss and his legal team, the decision is seen as an important step forward in their quest for justice. “This ruling is a pivotal moment in Mark Goss’s long fight for accountability,” said Doherty. “It brings him one step closer to having his day in court.”
As the case moves forward, the legal community will be watching closely, as the outcome could set a precedent for similar cases involving governmental immunity. For now, Goss’s attorneys remain hopeful that this decision will bring him closer to the justice he has sought for the past several years.
