Anneewakee, Inc. v. Hall

• Decision Date: 20 June 1990
• Docket Number: No. A90A0413,A90A0413
• Citation: Anneewakee, Inc. v. Hall, 196 Ga.App. 365, 396 S.E.2d 9 (Ga. App. 1990)
• Parties: ANNEEWAKEE, INC. v. HALL.
• Court: Georgia Court of Appeals

Page 9

396 S.E.2d 9

196 Ga.App. 365

ANNEEWAKEE, INC. v. HALL.

No. A90A0413.

Court of Appeals of Georgia.

June 20, 1990.

Rehearing Denied July 13, 1990.

Certiorari Denied Sept. 4, 1990.

Long, Weinberg, Ansley & Wheeler, Joseph W. Watkins, and Lance D. Lourie, Atlanta, for appellant.

Howe & Dettmering, Donald B. Howe, Jr., and W. O'Neal Dettmering, Jr., Douglasville, for appellee.

BANKE, Presiding Judge.

The appellee, Barbara Hall, acting individually and as administratrix of the estate of her late husband, J.D. Hall, brought this action against the appellant, Anneewakee, Inc., seeking to recover damages for its alleged negligence in failing to foresee and prevent the fatal shooting of Mr. Hall by one Billy Ray White. The case was tried before a jury, which awarded the appellee $506,000 in actual damages and $500,000 in punitive damages. However, the trial court reduced this award by $200,000 to reflect the plaintiff's receipt of a settlement in that amount on a claim against the State of Florida arising from the same incident. This appeal followed.

At all times relevant to this case, Anneewakee, Inc., operated an in-patient juvenile psychiatric facility in Douglas County, Georgia. In early 1985, Agnes Tucker, a juvenile counselor with the Florida Department of Health and Rehabilitative Services (DHRS), submitted an application for admission to Anneewakee on behalf of Billy Ray White, a 13-year-old Florida youth. Ms. Tucker thereafter scheduled an appointment to bring White to the Anneewakee facility on March 27, 1985, for testing and evaluation to determine his suitability for the Anneewakee program, it being understood that in no event would he be admitted to the facility on that date.

Ms. Tucker and White flew to Atlanta from Jacksonville, Florida, on the morning of March 27th with reservations to return to Jacksonville that evening. They immediately proceeded in a rented car to the Anneewakee facility in Douglas County, where White underwent interviews and tests until approximately 3:30 p.m. At that time, they got back into the rental car and set out on what was to be the return trip to the airport. Although White had been cooperative during the tests and interviews, he opened the car door and fled into the woods as Ms. Tucker was about to turn onto the main road from the Anneewakee driveway. After attempting without success to find him in the immediate vicinity, Ms. Tucker drove back to the Anneewakee facility to report his escape. A social worker employed by Anneewakee immediately telephoned the office of the Douglas County Sheriff, reported what had happened, and provided a physical description of the boy.

Later that afternoon, a deputy sheriff arrived at Anneewakee and interviewed Ms. Tucker about the incident. She stated during this interview that White was emotionally disturbed and without money, that he would not hesitate to break into a home in search of food and that care should be used in approaching him. Later that day, Ms. Tucker drove to the sheriff's office of her own initiative, reiterated that White was emotionally disturbed and suggested that tracking dogs be utilized to locate him. She was advised at this time that no tracking dogs were available and that due to personnel limitations, it was possible that no search at all would be conducted for him that night. Ms. Tucker then returned to the area where White had escaped, reported the situation to the operators of a nearby convenience store and advised them to call the sheriff's department if they obtained any information about the youth. She returned to Florida later that night but telephoned the sheriff's department the following day to inquire about the status of the investigation. She testified that no one seemed to know about White's escape at this time, so she again reported what had happened, emphasizing that the boy was...