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Loftin v. Morales12/14/2005
ld cause an immediate danger if he did not apprehend the driver, claiming these statements defeat Appellants' assertion that there was a need to apprehend the driver of the Probe. When considering whether Appellants met their burden on the need element in the summary judgment proceeding, these statements are not determinative. A party's testimonial declarations that are contrary to his position are quasi-admissions. Hennigan v. I.P. Petroleum Co., 858 S.W.2d 371, 372 (Tex. 1993). Such admissions are to be distinguished from judicial admissions, which are a formal waiver of proof. Id. The requirements for treating a party's testimonial quasi-admission as a conclusive judicial admission include that the statement be "deliberate, clear, and unequivocal" and that "the hypothesis of mere mistake or slip of the tongue must be eliminated." Id. Here, Loftin made statements that appear to be contrary to his position. He then attempted to explain his meaning, indicating that he was referring to his decision to continue the pursuit, not the need to apprehend. It cannot be said that his admissions are clear and unequivocal. They may well be a slip of the tongue. As quasi-admissions, these statements are merely some evidence and not conclusive. Id. Accordingly, the evidence indicates that while the officers had reason to stop the Probe, the circumstances did not indicate an urgent need for police intervention as required by Wadewitz. See Wadewitz, 951 S.W.2d at 467.
The officers noted that both vehicular and pedestrian traffic was light. They downplayed the fact that the majority of the chase took place in a residential neighborhood, which had lower speed limits than the farm-to-market and county roads they had traveled on. This particular neighborhood was characterized by rough, narrow roads and blind intersections with only two-way stops. Although Loftin said he never reached a high rate of speed in the subdivision, he did not dispute Evans's estimate that they were going fifty to sixty miles per hour, which is up to twice the posted limit. Loftin's conclusory statement that he maintained a safe speed and took all reasonable and prudent measures to stop the Probe without unnecessarily endangering the safety of people in the area does not establish good faith. See Clark, 38 S.W.3d at 581; Brownlee v. Brownlee, 665 S.W.2d 111, 112 (Tex. 1984) (Affidavits consisting of conclusions are incompetent summary judgment evidence.). With the possible exception of the failed "spin out" attempt, which is never described by Loftin as an alternative to pursuit, the evidence provides no indication that the officers considered any alternatives to pursuit. Accordingly, the evidence does not reflect facts to show the officers assessed the possibility that there were any alternatives to pursuit as required to show good faith. See Clark, 38 S.W.3d at 587-88.
Further, police pursuits require a reassessment of whether to continue the pursuit in response to changing circumstances during the pursuit. Id. at 583. This chase lasted for twenty-seven minutes over country roads, through a golf course, and throughout a residential area. The evidence does not indicate that the officers reassessed the need to continue the pursuit when they reached the entry to Shadybrook. Loftin stated in his January 5 affidavit that his deposition testimony referenced his "assessment of the circumstances surrounding decision in continuing the pursuit in Shadybrook." The referenced testimony was vague and conclusory. His statements are not fact based and do not indicate a reassessment. Evans admitted that driving thirty miles per hour between houses was dangerous. Neither Loftin nor Evans stated that he considered the likelihood of the risk of a collision wit
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