YURI MARIE FRANCOIS VIELOT, JR. v. STATE OF MARYLAND
Court of Special Appeals, Reed, Filed Nov. 24, 2015,
Manslaughter by Vehicle – Gross Negligence – Where defendant had little sleep and was observed swerving in and out of traffic for over half a mile before he hit the median and killed two people, sufficient evidence to convict

Gross Negligence – the deliberate failure of a driver to heed clear warning signs of drowsiness is evidence of a reckless disregard for human life

We caution, however, that our holding in this case is not that the act of falling asleep while driving is gross negligence per se whenever it results in human casualty. We are mindful that it is possible for a driver of an automobile to fall asleep without experiencing, let alone deliberately failing to heed, clear warning signs of drowsiness.

Gross Negligence – The fact alone that appellant got behind the wheel on two hours’ sleep does not justify the giving of the “deliberate failure” instruction (without more, which there was in this case)

Gross Negligence – Gross negligence is defined as “whether the conduct of the defendant, considering all the factors of the case, was such that it amounted to a wanton or reckless disregard for human life.

Gross Negligence – “the driver of an automobile, overcome by sleep, is not guilty of gross negligence or willful and wanton misconduct unless he continues to drive in reckless disregard of premonitory symptoms.”