Fuga v. Comerica Bank-Detroit

*384Michael J. Kelly, J.

(concurring in the result only). I concur in the result only because I believe defendant’s planning could have been so grossly indifferent to the perils of a given location as to constitute a breach of duty to its business invitees.

Regarding the claim of gross negligence, I believe that because the issue was directly addressed by the trial court it is properly preserved for our review. I further believe that the Legislature’s inertia in failing to adopt a gross negligence standard that supersedes the obsolete requirements of precedent and subsequent negligence is lamentable and anachronistic.