 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
City of Jackson v. Brister2/20/2003
to stop at police request; and she was bound and determined to flee from the scene regardless of the police presence.
. The testimony also showed that the officers considered many factors and in the totality of the circumstances chose to pursue Slater. The job of a police officer is to enforce the laws and apprehend suspects. In order to apprehend a suspect, police personnel must reasonably be able to pursue suspects. If this were not the case, then criminals need only to jump in their vehicles and ride away to freedom. The majority's opinion today informs suspects that all they need is a fast car to ensure freedom. Even for more simple cases of a traffic violation, be it speeding, an out-of-date license tag, or other infraction, the suspect need only gun the engine, step on the gas, breathe a sigh of relief and drive off to liberty.
. This Court found reckless disregard in Perry, where the police officer sped on his way to dinner and was not on an emergency call nor was he using either the siren or blue lights. Perry, 764 So.2d at 375. In contrast, the officers in this case were performing their duty of apprehending a suspect for an alleged crime and used both lights and sirens. This case is also distinguishable because the officers did not collide with Boyll. The suspect, Slater, was driving the only vehicle that collided with Boyll that fateful day. Furthermore, the time and distance between Slater's flight and the collision was too minimal to impart liability on the City.
. This was a tragic accident that claimed the life of Boyll, a mother and hard-working individual. The unfortunate fact, however, is that Slater caused the fatal collision. This accident was inevitable, and there was no evidence that the police caused the accident. The reality is that in our "sue happy" society the City and its officers would have been sued in this case in any event. It makes no difference whether the officers acted in the manner the majority deems proper, which would be to do nothing and let the suspect flee the scene, or whether they pursued someone allegedly attempting forgery. The actions of the officers would be questioned in either scenario, and a lawsuit would be filed in our court system.
. Under the specific facts of the case sub judice, I believe that the trial court erred in ruling the City liable for the actions of the officers. The trial court erred by finding the City liable. The trial court's ruling was not supported by substantial, credible, and reasonable evidence. Accordingly, I disagree with the majority's ruling today and would reverse and render judgment in favor of the City. Therefore, I respectfully dissent.
Page 1 2 3 4 5 6 7 8 9 10 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|