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Stanley v. City of Independence6/29/1999
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Supreme Court of Missouri
Handdown Date: 06/29/99
Appeal From: Circuit Court of Jackson County, Hon. C. William Kramer
Opinion Vote: AFFIRMED. All concur.
Opinion:
Plaintiffs sued the city of Independence and police officer Leonard Hill for the wrongful death of Michael and Daniel Stanley. The circuit court granted defendants' motion for summary judgment. Plaintiffs appeal only as to the city. After opinion by the court of appeals, this Court granted transfer. Mo. Const. art. V, sec. 10. Affirmed.
This Court reviews the record in the light most favorable to the party against whom summary judgment was entered. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). Review is essentially de novo, as the propriety of summary judgment is an issue of law. Id. Summary judgment is proper when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fisher v. State Highway Com'n of Mo., 948 S.W.2d 607, 611 (Mo. banc 1997).
At approximately 5:30 p.m. on Tuesday, July 26, 1994, Officer Hill of the Independence Police Department was driving his marked patrol car on Highway 40, near Blue Ridge Mall. He saw a white Chevy van with out-of-state license plates. It matched the description of the vehicle used in an armed robbery 30 minutes earlier. Officer Hill pulled behind the van, while it was stopped at a stoplight on Sterling Road. Out of concern for public safety, he did not initiate a traffic stop until the light changed and the van cleared the intersection. Officer Hill then turned on his emergency lights and gave a "quick yelp" on his police siren. The van fled. Officer Hill activated his siren and pursued.
The van turned across traffic into a parking lot, attempting to shake officer Hill. It circled the parking lot, crossed Highway 40 onto 39th Street, and continued through a residential neighborhood. Both vehicles were then heading east, with officer Hill one car length behind. The van ran a red stoplight at 39th and Sterling, traveling at about 55 miles per hour. Officer Hill backed off slightly, crossing the intersection two car lengths behind.
As the vehicles neared 39th and Blue Ridge, traffic was stopped at the stoplight in their lane of travel. The van moved into the westbound, oncoming lane of traffic at about 70 miles per hour. Officer Hill, backing off further, also moved into the oncoming lane of traffic about ten car lengths behind.
The decedents, Michael and Daniel Stanley, were approaching 39th and Blue Ridge in the proper lane, heading west. The fleeing van -- still in the wrong lane of traffic -- crossed the intersection and hit the decedents, as they tried to pull out of the way. At the moment of impact, officer Hill was about 191 feet behind the van.
45 seconds passed from the initial flight of the van until the collision. Throughout the chase, officer Hill's emergency lights and siren were activated, and he remained in contact with the dispatcher.
By statute, police officers may disregard traffic regulations in certain situations:
"(2) The driver of an emergency vehicle may:
(a) Park or stand irrespective of the provisions of sections 304.014 to 304.026;
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(c) Exceed the prima facie speed limit so long as he does not endanger life or property;
(d) Di
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