Ogburn v. City of Wiggins
| Docket Number: | 2004-CA-00378-COA | |
| Oral Argument: | 01-13-2005 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-24-2005 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Police chase - Proximate causation Judge(s) Concurring: KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, CHANDLER, BARNES AND ISHEE, JJ. Concurs in Result Only: IRVING, J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 02-13-2004 Appealed from: STONE COUNTY CIRCUIT COURT Judge: Stephen Simpson Disposition: JUDGMENT IN FAVOR OF CITY OF WIGGINS. Case Number: 2000-0175 |
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| Party Name: | Attorney Name: | |||
| Appellant: | LOMAX OGBURN, INDIVIDUALLY, AND ON
BEHALF OF THE WRONGFUL DEATH
BENEFICIARIES OF VONNIE OGBURN |
JOE SAM OWEN, ROBERT P. MYERS |
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| Appellee: | CITY OF WIGGINS | REBECCA C. TAYLOR, L. CLARK HICKS |
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| Topic: | Personal injury - Tort Claims Act - Police chase - Proximate causation |
| Summary of the Facts: | Lomax Ogburn, as personal representative of the wrongful death beneficiaries of Vonnie Ogburn, filed a wrongful death action against the City of Wiggins alleging that the actions of Police Officer Jamie Smith constituted reckless disregard and caused the death of his wife. The court ruled in favor of the City of Wiggins, and Ogburn appeals. |
| Summary of Opinion Analysis: | Ogburn argues that Officer Smith’s actions did not fall under the Tort Claims Act and, thus, he was not immune from liability. Ogburn argues that Officer Smith failed to follow the proper pursuit procedure for police vehicles and should have discontinued his pursuit when he realized that the person he was chasing would not stop. Factors the court should consider in determining whether the police chase constituted reckless disregard include length of chase; type of neighborhood; characteristics of the streets; the presence of vehicular or pedestrian traffic; weather conditions and visibility; and the seriousness of the offense for which the police are pursuing the vehicle. The court in this case considered all of these factors and determined that all of the experts testified that Officer Smith was correct in initiating the pursuit and had no reasonable alternative action available. The court found that Officer Smith was faced with an immediate danger to the public’s safety by virtue of the driver’s speed and recklessness. The court's findings of fact and conclusions of law are supported by substantial, credible, and reasonable evidence. Even if Ogburn proved that Officer Smith acted in reckless disregard, he must also establish that Smith’s actions were the proximate cause of the accident which requires cause in fact and foreseeability. Ogburn argues that the initiation and the continuation of this chase proximately caused the driver’s reckless driving which directly led to the collision which killed Ogburn’s wife. Before the pursuit commenced, the driver was driving in the wrong lane of traffic at an excessive speed while intoxicated. This same behavior continued after Officer Smith began his pursuit. There is simply no evidence to establish whether this person knew he was being pursued. It simply cannot be said that this tragedy would not have occurred had Officer Smith not pursued him. |
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