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Home / Opinions / Courts / Court of Appeals, Western District / Negligence : Proximate Cause – Police Pursuit Accident – Recklessness

Negligence : Proximate Cause – Police Pursuit Accident – Recklessness

(1)Where a woman was injured when she was struck by a vehicle fleeing during a police pursuit, the city and officer were entitled to summary judgment on the negligence claim because the plaintiff did not show that the defendants’ conduct was the proximate cause of her injury.

(2)Where a woman was injured when she was struck by a vehicle fleeing during a police pursuit, the defendants’ motion for summary judgment did not include a legal basis explaining why they were entitled to summary judgment on the plaintiff’s claim of recklessness, so the trial court erred in granting summary judgment to the officer and the city on that claim.

(3)Where a plaintiff injured during a police pursuit of another vehicle sued the officer more than three years after the accident, the claims against the officer were barred by the statute of limitations because the police officer was included in the statute’s phrase “or other officer” and the claims involved the “doing of an act in his official capacity.”

Judgment is affirmed in part; reversed in part; remanded.

Dilley v. Valentine (MLW No. 65139/Case No. WD74790 – 14 pages) (Missouri Court of Appeals, Western District, Howard, J.) Appealed from circuit court, Jackson County, Mesle, J. (David S. Baker for respondent).

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