City of Winder v. McDougald, 276 Ga. 866

Summary

The Supreme Court of Georgia held that OCGA § 40-6-6(d)(2), which imposes a reckless-disregard standard for injuries caused by a fleeing suspect, applies only to claims by innocent parties and not to a fleeing suspect's wrongful-death claim. The court reversed the Court of Appeals and concluded that the suspect could potentially recover only upon proof that the officer acted with actual intent to cause injury, an issue not supported by the record. Three justices dissented.

Holdings

1. OCGA § 40-6-6(d)(2) does not govern a wrongful-death claim brought on behalf of the fleeing suspect because the statute's reckless-disregard standard was enacted to limit municipal liability for injuries caused to innocent parties, not to expand liability for injuries to the fleeing suspect.

Questions Presented

1. Whether OCGA § 40-6-6(d)(2), which imposes a reckless-disregard standard for injuries caused by a fleeing suspect, governs a wrongful-death claim brought by the fleeing suspect's parents.
2. Whether the City could be held liable under that statute for the suspect's death based on the pursuing officer's alleged reckless disregard of proper police procedures.

Disposition

reversed