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Where plaintiffs who were injured by a driver fleeing police in a high-speed chase brought a negligence action against the county sheriff’s department, judgment for the county is reversed and remanded because the police chase lasted up to 10 miles and involved speeds of 120 miles per hour, so there was a reasonable inference that the driver would have ceased driving in a reckless manner if the deputy had abandoned the pursuit, so there was a factual basis to support a finding of causation.
Speculation
Dissenting opinion by Ahrens, J.: “The majority opinion contends that the time, distance, and greater speeds here should allow a ‘common sense’ inference that the suspect would have ceased driving in a reckless manner had the deputy abandoned the chase. Such an inference would, like in Stanley, be rank conjecture and speculation. There are no summary judgment facts which would support a conclusion that the officer’s chase caused the collision between the suspect’s and the plaintiff’s vehicles. I would affirm the judgment of the trial court.”
Judgment is reversed and remanded.
Moyer v. St. Francois County Sheriff Department (MLW No. 66992/Case No. ED100931 – 5 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Appealed from circuit court, St. Francois County, Fulton, J. (Richard J. Zalasky, Dale Funk, Edward D. Robertson Jr., Anthony L. DeWitt and Ryan L. Bruning for appellant) (Mark H. Zoole for respondent).
Read the full text of this opinion. (PDF)
