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Trammel v. Bradberry5/31/2002
This is an interlocutory appeal raising many issues from a personal injury action for negligence in failing to take medication and for an intentional tort for the criminal act of aggravated assault by a person adjudged not guilty by reason of insanity of all criminal acts. In addition, the appeal and cross-appeal contain a number of complex issues involving mental illness and arising from service, discovery,procedure, and substantive law. Thus, a lengthy analysis and factual recitation is necessary.
Horace D. Trammel, Jr. ("Tommy") was sued by Officer B. R. Bradberry, Gwinnett County Police Department, Special Weapons And Tactics, and his wife Elaine for shotgun wounds inflicted on the plaintiff while Trammel was being arrested at his home in Forsyth County on a commitment order from the probate court.
In August of 1995, Tommy was hospitalized where he was diagnosed and treated for paranoid schizophrenia; when he ceased taking his medication, he was rehospitalized several times under the civil commitment criteria as a danger to himself and others. Tommy had no legal guardian appointed by the probate court.
Again, prior to January 13, 1996, Tommy stopped taking his medication and posed a danger to himself and others requiring his involuntary commitment, which he resisted violently for the first time. On that date, after obtaining a commitment order from the probate court, Horace D. Trammel, Sr. called the Forsyth County Sheriff's Department, requesting assistance in taking Tommy to the hospital and advised Sergant Al Hurst that Tommy had guns. On several prior occasions the Forsyth County Sheriff's Department had assisted in the hospitalization of Tommy without any violence on the part of either. Sgt. Hurst and Mr. Trammel went to Tommy's home, but Tommy was absent. Sgt. Hurst informed Mr. Trammel, Sr. that he would return later to pick Tommy up.
Returning later, Sgt. Hurst passed Tommy on the highway in his pick-up truck, executed a turn, activated his blue lights and siren, and commenced to chase Tommy. Tommy fled, and more sheriff's deputies, a police helicopter, and Georgia State Patrol joined the pursuit. Sgt. Hurst called off the chase, because Tommy was headed home and could be taken into custody there.
A deputy disregarded the order to terminate the chase and cornered Tommy on a dead-end road near Tommy's residence. The deputy confronted Tommy with a drawn gun, firing at him. Tommy pulled a shotgun from his truck and returned fire. Tommy got back into his truck and drove off-road to his house, and the deputies struck the fleeing truck numerous times with their fire.
Tommy arrived home, and the deputies surrounded the house. They requested assistance from Gwinnett County's S.W.A.T. unit, of which Bradberry was on call and a responding member. The deputies and the S.W.A.T. team opened fire on the house and tried to use tear gas. They had orders to shoot to kill Tommy.
On the morning of January 14, 1996, the law enforcement officers stormed the house after assaulting it with explosives, which set the house on fire. Tommy was shot in the hand, and his shotgun was damaged by gun shots; he surrendered.
During the assault, Bradberry received a gunshot wound; at the time that he was wounded, Bradberry was on the other side of the house from where Tommy was apprehended.
After evaluation by the Court appointed psychiatrist for the state mental health department in the criminal prosecution, Tommy was diagnosed under D.S.M. IV as Delusional Disorder, Mixed Type (Grandiose Type and Persecutory Type) 297.1. On May 28, 1999, Tommy was adjudicated not guilty by reason of insanity by the Superior Court o
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