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This hypothetical scenario introduces the notion of gross negligence as being different from ordinary negligence, and the legal implications of that distinction.
No previous California case had squarely ruled on agreements to waive gross negligence, although dicta in some decisions stated they were unenforceable.
It recognizes potential liability under Massachusetts business practice statute if gross negligence is proven.
The Board of Accountancy has charged Robert Hollander, Los Angeles, for gross negligence in relation to an audit engagement.
Pit boss Malcolm Fyfield, 57, managed to escape, but was later charged with four counts of gross negligence manslaughter.
The government's sharpened language is characteristic of a case where gross negligence is the central issue, says Martha Judy, a law professor at Vermont Law School who specialises in environmental liability.
IN COURT: Christopher McGee, above, accused of manslaughter by gross negligence following the incident last October when Georgia Varley, 16, left, slipped between a moving train and the platform at James Street station
Transocean said in court papers on December 12 that "the drilling contract does not provide for indemnity in the event of intentional or willful misconduct in excess of gross negligence.
Michael Gregory, reviewing lawyer in the CPS Special Crime Division, said: "I have decided that there is sufficient evidence and it is in the public interest to charge Paul Simmons, Adrian Ashley and Timothy Woodward with gross negligence manslaughter.
Warwickshire Police confirmed that a 54-year-old man and two others aged 42 and 52, all from south Warwickshire, were arrested on suspicion of gross negligence manslaughter after presenting themselves at a police station.
Griffiths, of Wiltshire Close, Bedworth, north Warwickshire, denied manslaughter by gross negligence.
AN INQUEST jury decided yesterday that an elderly couple were unlawfully killed by gross negligence when their vehicle was hit head-on by another car on a motorway.