" being over weight isn't Gross Negligence."
Wow, a definitive legal ruling for free on the internet, what a deal.
So just how long have you been a serving judge and if I may be so bold, on what court?
Not a judge? Well then how long have you been a practicing attorney with expertise/experience in this area of the law?
IMHO: If you get into an accident {that may or may not be your fault}, and you are significantly overweight you have a serious problem. Sadly it takes legal consequences to get a lot of folks attention vs simply doing what is right {see also: prudent, safe, legal etc..}.
:S