Summary
The Nebraska Supreme Court affirmed judgment for Stanton County in an action arising from injuries sustained by a passenger during a vehicular pursuit. The court held that the passenger was not an "innocent third party" under Neb. Rev. Stat. § 13-911 because he threw beer from the fleeing vehicle and thereby became a person sought to be apprehended. The court declined to address the County's constitutional cross-appeal because it was unnecessary to resolve the case.
Topics
Practice areas
Questions Presented
- Whether Fales qualified as an innocent third party under Neb. Rev. Stat. § 13-911 after throwing beer from the fleeing vehicle during the pursuit.
- Whether the district court's factual findings that Fales became a person sought to be apprehended were clearly erroneous.
- Whether the County's constitutional challenge to § 13-911 and related provisions needed to be decided.
Holdings
- Fales was not an innocent third party because, during the pursuit, he threw beer from the vehicle in an act the pursuing officer observed as potential destruction or concealment of evidence, thereby making Fales a person sought to be apprehended.
- The district court's findings were not clearly erroneous.
- The court did not need to reach the County's constitutional challenge to § 13-911 and related provisions.
Key quotations
“If during the pursuit a passenger takes some action that makes him or her become a person sought to be apprehended, the passenger does not remain an innocent third party by virtue of the fact that law enforcement began the pursuit to apprehend the driver only.” (297 Neb. at 50-51)
“Thus, to recover under § 13-911, three components must be proved: (1) the person seeking to recover was an innocent third party, (2) law enforcement was engaged in a vehicular pursuit, and (3) the pursuit proximately caused the death, injury, or property damage.” (297 Neb. at 47)
Factual background
Dillon Fales, a passenger in a pickup driven by Bryant Irish, had consumed beer before the two left a trailer park. After a deputy activated his emergency lights to stop the pickup for traffic violations, Irish accelerated and Fales threw a box of beer from the vehicle because he feared being stopped with beer inside. The deputy observed beer containers being thrown and regarded the conduct as destruction of evidence relevant to apprehension. The pickup later crashed at high speed, seriously injuring Fales.
Procedural history
Fales sued Stanton County after he was injured in a vehicle crash during an alleged law-enforcement pursuit, asserting that he was an innocent third party entitled to recovery under Neb. Rev. Stat. § 13-911 and also asserting negligence under Neb. Rev. Stat. § 60-6,114. After a trial, the Madison County District Court found that Fales became a person sought to be apprehended when he threw beer from the vehicle and entered judgment for the County. The County's constitutional counterclaims were not resolved on the merits. The Nebraska Supreme Court affirmed and declined to decide the County's constitutional cross-appeal.