J. N. O’Brien, J.
Following trial, plaintiff was awarded $170,000 by a jury for the wrongful death of his son in an automobile accident. Defendant, Kent County Road Commission, appeals by right, and plaintiff brings a cross-appeal.
The defendant owns and operates a gravel pit in eastern Kent County near Lowell, Michigan, adjacent to a public park. The gravel pit in question is one of several located in District 5, in the eastern part of Kent County. Over the years, defendant has acquiesced in public use of this site for many recreational purposes, chiefly involving motor sports such as off-road vehicles, dune buggies, motorcycles, and the like. It is not contested that the property in question was not fenced, posted, or otherwise noted to be private property closed to the public. The premises were open to the public [257]*257day and night, and the single use restriction was a sign that firearms were not permitted.
Commencing several years prior to the accident in which plaintiffs decedent was killed, defendant stockpiled processed gravel in large mounds. The processed gravel was used, as needed, to build and repair roads. The terrain of the gravel pit was uneven, rolling, and studded with tree stumps, boulders, and other hazards. Photographic and testimonial evidence adduced at trial established that a system of fairly well-defined roads, tracks, and trails were present, apparent to even casual observation.
Commencing in late October, 1977, defendant began earth moving operations on one mound and, over succeeding weeks, took out nearly 1,800 cubic yards of aggregate material. The material was removed from one side of the mound, leaving a crescent-shaped ring of material with a precipitous escarpment at its rear. During the course of removal, defendant’s agents and employees, truck operators, and scoop-loader operators came to realize the obvious danger created by the project. A driver coming into the gravel pit area, day or night, along well-defined trails leading to the top of the mound of dirt, from west to east, could not see that the entire back of the hill had been removed until he was at the top of a twenty-foot precipice.
In the early morning hours of November 19, 1977, plaintiffs decedent drove a Jeep C-J5, four-wheel drive vehicle off the precipice. He was killed, as were three others riding in the vehicle with him.
Defendant’s appeal raises several issues.
First, defendant alleges that it is statutorily immune from suit. MCL 691.1407; MSA 3.996(107). [258]*258The well-presented argument of counsel and the narrow holdings of our Court and the Michigan Supreme Court in this subject matter have led us to examine closely the case before us. We conclude that, on the basis of the decisions in Parker v City of Highland Park, 404 Mich 183; 273 NW2d 413 (1978), and Perry v Kalamazoo State Hospital, 404 Mich 205; 273 NW2d 421 (1978), the maintenance of defendant’s gravel mining and storage operations do not enjoy statutory governmental immunity.
Given the standard imposed by Perry and Parker, that government is immune from suit only where it is engaged in those functions which are sui generis to government, we are not persuaded that the maintenance of a gravel pit, or even construction and maintenance of roads within a county road network, is a uniquely governmental activity.
Next, defendant raises a number of complex issues surrounding the plaintiffs claim, proofs adduced at trial, and the instruction of the court concerning gross negligence or wilful and wanton misconduct.
Our review of the record leads us to affirm the special jury verdicts entered in this case concluding that defendant was guilty of gross negligence or wilful and wanton misconduct. Moreover, defendant’s reliance on Thone v Nicholson, 84 Mich App 538; 269 NW2d 665 (1978), is misplaced. The active conduct of defendant in creating an obvious danger is directly opposite the defendant’s conduct in Thone. Moreover, this defendant had both notice of the seriousness of the danger and the means and opportunity to prevent disaster immediately after creating the hazard.
Initially, we reject the application of Zeni v [259]*259Anderson, 397 Mich 117, 146-151; 243 NW2d 270 (1976), and 2 Restatement Torts, 2d, §§ 479 and 480 to this case. Obviously, Zeni and these Restatement sections apply only to situations where a defendant knows, or has reason to know, of a plaintiff’s helplessness and could, but for his or her own negligence, avoid injury to a plaintiff.
We note that the trial court properly ruled that the statutes applicable here, MCL 300.201; MSA 13.1485 and MCL 317.176; MSA 13.1482(6), required that the plaintiff plead and prove gross negligence or wilful and wanton misconduct in order to prevail. Thone, supra.
The unfortunate use of gross negligence and wilful and wanton misconduct as synonyms over the years have created a body of law and precedent which has serious implications for the bench and bar. We agree with the reasoning of Judge R. B. Burns in Thone, supra, that there is most certainly a difference between gross negligence and wilful and wanton misconduct and that failure to maintain a distinction blurs the separate concepts and contributes to unnecessary confusion over the various meanings of gross negligence and wilful and wanton misconduct. Gibbard v Cursan, 225 Mich 311; 196 NW 398 (1923), LaCroix v Grand Trunk W R Co, 379 Mich 417; 152 NW2d 656 (1967). Moreover, we agree that cases which have interpreted the trespass and recreational land use statutes, with the exception of Thone, have failed to see or apply the different standards of conduct properly. See Magerowski v Standard Oil Co, 274 F Supp 246 (WD Mich, 1967), Taylor v Mathews, 40 Mich App 74; 198 NW2d 843 (1972), Thomas v Consumers Power Co, 394 Mich 459; 231 NW2d 653 (1975). However, we are bound by the rationale and law of Thomas and hold that a jury[260]*260submissible issue was pled and proved by plaintiff so as to avoid either a defense motion for summary judgment or a directed verdict.
The testimony of defendant’s truck drivers and equipment operators and that of the experienced police officer who investigated the accident convince us that the plaintiff has proved his case by a preponderance of the evidence.1 Defendant had [267]*267knowledge of a situation requiring the exercise of ordinary care and diligence to avoid injury to the plaintiff’s decedent and the public. Further, defendant had, and knew it had, the ability easily to avoid the resulting harm by the exercise of ordinary care and prudence using no extraordinary measures. Finally, defendant knew that its conduct created the all too apparent threat of disaster, yet failed to use ordinary care to avoid the danger.
Defendant’s argument that "nothing could have [268]*268been done” falls on deaf ears. Defendant had an absolute duty under these circumstances to obviate the danger. To have done nothing was not only grossly negligent, but wilful and wanton inaction. Having baited a trap for even the most prudent driver, defendant could not stand by idly and await a victim.
We recognize that the three-part test which the Supreme Court said was misleading in Zeni and which is questioned in
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J. N. O’Brien, J.
Following trial, plaintiff was awarded $170,000 by a jury for the wrongful death of his son in an automobile accident. Defendant, Kent County Road Commission, appeals by right, and plaintiff brings a cross-appeal.
The defendant owns and operates a gravel pit in eastern Kent County near Lowell, Michigan, adjacent to a public park. The gravel pit in question is one of several located in District 5, in the eastern part of Kent County. Over the years, defendant has acquiesced in public use of this site for many recreational purposes, chiefly involving motor sports such as off-road vehicles, dune buggies, motorcycles, and the like. It is not contested that the property in question was not fenced, posted, or otherwise noted to be private property closed to the public. The premises were open to the public [257]*257day and night, and the single use restriction was a sign that firearms were not permitted.
Commencing several years prior to the accident in which plaintiffs decedent was killed, defendant stockpiled processed gravel in large mounds. The processed gravel was used, as needed, to build and repair roads. The terrain of the gravel pit was uneven, rolling, and studded with tree stumps, boulders, and other hazards. Photographic and testimonial evidence adduced at trial established that a system of fairly well-defined roads, tracks, and trails were present, apparent to even casual observation.
Commencing in late October, 1977, defendant began earth moving operations on one mound and, over succeeding weeks, took out nearly 1,800 cubic yards of aggregate material. The material was removed from one side of the mound, leaving a crescent-shaped ring of material with a precipitous escarpment at its rear. During the course of removal, defendant’s agents and employees, truck operators, and scoop-loader operators came to realize the obvious danger created by the project. A driver coming into the gravel pit area, day or night, along well-defined trails leading to the top of the mound of dirt, from west to east, could not see that the entire back of the hill had been removed until he was at the top of a twenty-foot precipice.
In the early morning hours of November 19, 1977, plaintiffs decedent drove a Jeep C-J5, four-wheel drive vehicle off the precipice. He was killed, as were three others riding in the vehicle with him.
Defendant’s appeal raises several issues.
First, defendant alleges that it is statutorily immune from suit. MCL 691.1407; MSA 3.996(107). [258]*258The well-presented argument of counsel and the narrow holdings of our Court and the Michigan Supreme Court in this subject matter have led us to examine closely the case before us. We conclude that, on the basis of the decisions in Parker v City of Highland Park, 404 Mich 183; 273 NW2d 413 (1978), and Perry v Kalamazoo State Hospital, 404 Mich 205; 273 NW2d 421 (1978), the maintenance of defendant’s gravel mining and storage operations do not enjoy statutory governmental immunity.
Given the standard imposed by Perry and Parker, that government is immune from suit only where it is engaged in those functions which are sui generis to government, we are not persuaded that the maintenance of a gravel pit, or even construction and maintenance of roads within a county road network, is a uniquely governmental activity.
Next, defendant raises a number of complex issues surrounding the plaintiffs claim, proofs adduced at trial, and the instruction of the court concerning gross negligence or wilful and wanton misconduct.
Our review of the record leads us to affirm the special jury verdicts entered in this case concluding that defendant was guilty of gross negligence or wilful and wanton misconduct. Moreover, defendant’s reliance on Thone v Nicholson, 84 Mich App 538; 269 NW2d 665 (1978), is misplaced. The active conduct of defendant in creating an obvious danger is directly opposite the defendant’s conduct in Thone. Moreover, this defendant had both notice of the seriousness of the danger and the means and opportunity to prevent disaster immediately after creating the hazard.
Initially, we reject the application of Zeni v [259]*259Anderson, 397 Mich 117, 146-151; 243 NW2d 270 (1976), and 2 Restatement Torts, 2d, §§ 479 and 480 to this case. Obviously, Zeni and these Restatement sections apply only to situations where a defendant knows, or has reason to know, of a plaintiff’s helplessness and could, but for his or her own negligence, avoid injury to a plaintiff.
We note that the trial court properly ruled that the statutes applicable here, MCL 300.201; MSA 13.1485 and MCL 317.176; MSA 13.1482(6), required that the plaintiff plead and prove gross negligence or wilful and wanton misconduct in order to prevail. Thone, supra.
The unfortunate use of gross negligence and wilful and wanton misconduct as synonyms over the years have created a body of law and precedent which has serious implications for the bench and bar. We agree with the reasoning of Judge R. B. Burns in Thone, supra, that there is most certainly a difference between gross negligence and wilful and wanton misconduct and that failure to maintain a distinction blurs the separate concepts and contributes to unnecessary confusion over the various meanings of gross negligence and wilful and wanton misconduct. Gibbard v Cursan, 225 Mich 311; 196 NW 398 (1923), LaCroix v Grand Trunk W R Co, 379 Mich 417; 152 NW2d 656 (1967). Moreover, we agree that cases which have interpreted the trespass and recreational land use statutes, with the exception of Thone, have failed to see or apply the different standards of conduct properly. See Magerowski v Standard Oil Co, 274 F Supp 246 (WD Mich, 1967), Taylor v Mathews, 40 Mich App 74; 198 NW2d 843 (1972), Thomas v Consumers Power Co, 394 Mich 459; 231 NW2d 653 (1975). However, we are bound by the rationale and law of Thomas and hold that a jury[260]*260submissible issue was pled and proved by plaintiff so as to avoid either a defense motion for summary judgment or a directed verdict.
The testimony of defendant’s truck drivers and equipment operators and that of the experienced police officer who investigated the accident convince us that the plaintiff has proved his case by a preponderance of the evidence.1 Defendant had [267]*267knowledge of a situation requiring the exercise of ordinary care and diligence to avoid injury to the plaintiff’s decedent and the public. Further, defendant had, and knew it had, the ability easily to avoid the resulting harm by the exercise of ordinary care and prudence using no extraordinary measures. Finally, defendant knew that its conduct created the all too apparent threat of disaster, yet failed to use ordinary care to avoid the danger.
Defendant’s argument that "nothing could have [268]*268been done” falls on deaf ears. Defendant had an absolute duty under these circumstances to obviate the danger. To have done nothing was not only grossly negligent, but wilful and wanton inaction. Having baited a trap for even the most prudent driver, defendant could not stand by idly and await a victim.
We recognize that the three-part test which the Supreme Court said was misleading in Zeni and which is questioned in Thone is misleading if applied to the situations faced by the Court in those two cases, but we have no doubt that the test and 2 Restatement Torts, 2d, §§ 342 and 343, apply here. Further, we hold that even if it does not, the facts adduced at trial go so far as to show not only gross negligence, by whatever standard, but the reckless want of care so as to put the defendant "in the class with the wilful doer of wrong”. Gibbard, supra, LaCroix, supra, 425-426.
The trial court’s instruction to the jury on gross negligence and wilful and wanton misconduct as well as its instructions on damages, read as a whole, adequately and fairly set forth the parties’ respective theories of the case and the applicable law. We find no error.
Moreover, defendant suffered no prejudice as a result of plaintiff’s counsel’s closing argument, nor was there error in the trial court’s ruling on defendant’s mistrial motion.
Finally, we hold that the Recreational Trespass Act, 1976 PA 323, MCL 317.176; MSA 13.1482(6), is constitutional. Its object, the regulation of trespass, is embodied in the title of the act. Const 1963, art 4, § 24. Moreover, the statute applies in all cases to governmental entities where the plaintiff pleads negligence as a cause of action.
Affirmed.
[269]*269R. B. Burns, J., concurred.