Broome v. City of Columbia
| Docket Number: | 2005-CA-00605-COA Linked Case(s): 2005-CA-00605-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Reckless disregard Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Bench Trial; Motion for Rehearing Nature of the Case: CIVIL - PERSONAL INJURY; Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 03-10-2005 Appealed from: MARION COUNTY CIRCUIT COURT Judge: Michael R. Eubanks Disposition: FOLLOWING A BENCH TRIAL, THE CIRCUIT COURT FOUND FOR THE DEFENDANT, CITY OF COLUMBIA. Case Number: E-2004-0091 E |
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| Note: | MOTION FOR REHEARING FILED: 10/31/2006 - DENIED; AFFIRMED - 3/27/2007. This is a modified opinion on a motion for rehearing. The original opinion was submitted on 10/17/2006 by the Court of Appeals. | |
| Party Name: | Attorney Name: | |||
| Appellant: | MARY BETH BROOME |
S. CHRISTOPHER FARRIS |
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| Appellee: | CITY OF COLUMBIA, MISSISSIPPI | LAWRENCE ELDER HAHN, WILLIAM C. CALLENDER |
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| Topic: | Personal injury - Tort Claims Act - Reckless disregard |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Mary Beth Broome was injured when a suspect being pursued by a Columbia Police Department officer struck her car. Broome filed suit against the City of Columbia, alleging that the City, through its police officers, was negligent both in choosing to pursue the suspect and in continuing the pursuit through heavily traveled areas of Columbia at an increased risk to the public. The trial court held that, upon review of the pursuit policy and applicable case law, neither the officer nor any other city employee involved in the chase acted in reckless disregard for the safety of innocent third parties. Accordingly, the City was entitled to sovereign immunity. Broome appeals. |
| Summary of Opinion Analysis: | To determine whether an officer acted in reckless disregard of others while pursuing a third party, the court should consider length of chase; type of neighborhood (commercial, residential, etc.); characteristics of the street (topography, visibility, etc.); 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. In this case, the officer’s decision to pursue the suspect to serve the outstanding misdemeanor warrants indicates poor judgment on her part. She testified that, although she intended to place the suspect under arrest, she intended to request that he follow her to the station to take care of the warrants rather than handcuffing him and escorting him to the station. Additionally, the victim of his crime and the only person to whom he apparently was a danger was a passenger in the car. However, the fact that the officer saw an open container and had a reasonable suspicion that the suspect was driving under the influence is sufficient to justify her decision to pursue him. An officer who releases an impaired driver shows a reckless disregard for the safety of others. Thus, the officer acted properly in attempting to stop the suspect, as he was driving recklessly and she suspected him of DUI. |
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