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Lang v. Becham3/8/2000
mphasis in original).
Viewed in this light, the record reveals that on December 4, 1995, Tiraboschi crossed the center line of the road and drove his car head-on into Lang's car, killing him. The Sheriff and Lt. Cameron submitted evidence of the Peach County Sheriff's Department's standard operating procedures ("SOP") on the subject of high speed vehicular pursuits of criminal suspects. Lt. Cameron testified in his deposition about the SOPs that applied to the pursuit and the many factors he weighed in determining whether to enter the pursuit and whether to continue it. In response, Lang submitted the affidavit of Bill Myers, an expert on law enforcement with 30 years experience in command, investigative and administrative responsibilities. In Myers' opinion, " roper law enforcement procedures and regard for the public's safety both required Kenny Cameron to stop the pursuit" after Tiraboschi entered the two-lane road on which the collision occurred. "Instead, Kenny Cameron acted with the reckless disregard for proper law enforcement procedures (including the policies of the Peach County Sheriff's Department) as well as in reckless disregard for the public's safety."
Lang therefore presented some evidence that Lt. Cameron acted with reckless disregard for proper law enforcement procedures at the time of the incident. Because a genuine issue of material fact exists, the trial court erred in granting summary judgment to Lt. Cameron.
Judgment reversed in part and affirmed in part. Blackburn, P. J., and Eldridge, J., concur.
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