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Fawcett v. Adreon8/21/2001
This is a wrongful death case involving a police chase. A teenage passenger in a car was killed in an accident after a police officer chased the vehicle into a construction zone. The teenager's father sued the driver of the car and the city, alleging negligence. The city moved for summary judgment. The trial court granted the motion, finding that there was no dispute that the teenager was not an "innocent third party," and that this fact precluded the city from any liability for the result of the police chase. On appeal, we affirm the trial court's decision, holding that, under the circumstances in this case, under Tennessee Code Annotated ยง 55-8-108(e), a passenger in a vehicle that is fleeing from a law enforcement officer would be deemed a "suspected violator of the law" rather than a "third party" to whom the law enforcement officer owed a duty of care.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Holly Kirby Lillard, J., delivered the opinion of the court, in which Alan E. Highers, J., and David R. Farmer, J., joined.
OPINION
This is a wrongful death case involving a police chase that ended tragically. In this case, Richard Fawcett sued Jarrod C. Adreon ("Adreon") and the City of Franklin, Tennessee, for negligence resulting in the wrongful death of his teenage daughter, Danielle Lynn Fawcett ("Fawcett").
The pertinent facts are undisputed. On November 11, 1994, Fawcett attended a party in Nashville, along with Adreon, Dallas Chad Beard ("Beard"), and others. Fawcett and Adreon were both observed drinking alcohol at the party. At some point after midnight on November 12, Adreon, Fawcett, and Beard left the party, and began driving to Franklin. Beard drove his own car, and Adreon and Fawcett followed in Fawcett's car. Fawcett was severely intoxicated, so Adreon drove Fawcett's car. Beard and Adreon, with Fawcett in the car with Adreon, drove south on Interstate 65, headed toward Highway 96 in Franklin.
Stephen Sullivan, an officer with the Franklin Police Department, was sitting in his police car at the Kentucky Fried Chicken on Highway 96, just off Interstate 65, when he heard a description on his two-way radio of two cars racing on Interstate 65. Soon after, Officer Sullivan saw two cars exiting Interstate 65 and traveling west on Highway 96. Officer Sullivan heard loud acceleration noises coming from the cars' engines. He then pulled out of the Kentucky Fried Chicken parking lot and began to pace the cars traveling west on Highway 96. He testified that, in the second car, he noticed a male driver and a female passenger talking to each other once he began to follow them. Officer Sullivan paced the cars traveling at 79 miles per hour on Highway 96, where the posted speed limit is 40 miles per hour. Officer Sullivan then illuminated his blue lights. When Officer Sullivan illuminated his blue lights, Adreon accelerated and attempted to get away. Adreon testified as to his state of mind when Officer Sullivan attempted to pull him over:
I panicked. Just - I wanted to get away. . . . Well, my passenger was drunk, smelled like alcohol in the car. She had previously gotten in trouble with her father anyways and she was already late getting home. It was a brand new car that she had just gotten. We were both in trouble.
Adreon testified that, at the time Officer Sullivan turned on his blue lights, Fawcett was asleep in the passenger seat. Adreon acknowledged that he went fast, but did not look at his speedometer. Adreon turned left on Mack Hatcher Parkway and continued speeding. Adreon said that Officer Sullivan was immediately behind him once he turned onto Mack Hatcher Parkway
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