Question juridique clé
Whether the driver's conduct amounted to gross negligence for recourse purposes under the applicable insurance rules.
Solution extraite
Yes. Pressing the accelerator instead of the brake in this situation was a serious breach of elementary driving duties and remained grossly negligent despite the driver's age and the circumstances invoked by the appellant.
Motifs extraits
The court held that gross negligence is assessed by the conduct expected of a reasonable person in the same situation; subjective excuses do not exclude liability. The accident arose from a banal maneuver where careful pedal distinction was elementary, and the driver's age did not justify a milder assessment.