Davis v. Pinson, A06A0439.

CourtUnited States Court of Appeals (Georgia)
Citation279 Ga. App. 606,631 S.E.2d 805
Decision Date31 May 2006
Docket NumberNo. A06A0439.,A06A0439.
279 Ga. App. 606
631 S.E.2d 805
No. A06A0439.
Court of Appeals of Georgia.
May 31, 2006.

Greer, Klosik, Daugherty, Swank & McCune, Frank L. Klosik, Jr., Doreen C. Philipps, Atlanta, for appellant.

Braun & Ree, Michael R. Braun, Marietta, for appellee.

MILLER, Judge.

Michael B. Pinson, a DeKalb County Police Officer, sued William B. Davis following a traffic accident that occurred while Pinson was on duty escorting a funeral procession. Davis moved for summary judgment, claiming that Officer Pinson's lawsuit was barred by the Fireman's Rule. Following the trial court's denial of his motion, Davis appeals. We discern no error and affirm.

On appeal from the grant or denial of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment

Page 806

as a matter of law. Holbrook v. Stansell, 254 Ga.App. 553, 553-554, 562 S.E.2d 731 (2002).

So viewed, the record reveals that Officer Pinson was one of nine police officers escorting a funeral procession on a rural two-lane road in Morgan County. Pinson, along with the other officers riding motorcycles, generally rode in front of the procession. As the procession passed intersections requiring their assistance, one or more officers would pull out of formation to stop other traffic. After letting the procession pass through the intersection, the officers would return to their positions in front of the procession by passing the procession on the left side, just over the centerline of the road.

As the procession approached the cemetery, Officer Pinson, who had stopped traffic at the previous intersection, was passing the procession on the left side in order to return to formation. Meanwhile, the hearse and several other cars at the front of the procession, including the car in which Davis was riding, turned left into the [279 Ga. App. 607] cemetery. Davis motioned to Charlie Edwards, who was still on the road outside the cemetery, to proceed into the cemetery. As Edwards made the turn, however, his vehicle collided with Officer Pinson, who was thrown from his motorcycle and injured.

Davis alleges that Officer Pinson's suit is barred by the Fireman's Rule. We disagree.

The Fireman's Rule originated under the principle that "while a fireman may recover for negligence independent of the fire, a landowner is not liable for negligence in...

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3 cases
  • Apodaca v. Willmore, 111,987
    • United States
    • United States State Supreme Court of Kansas
    • April 14, 2017
    ...Babes Showclub, Jaba, Inc. v. Lair , 918 N.E.2d 308 (Ind. 2009) (applying firefighter's rule to police officer) ; Davis v. Pinson , 279 Ga.App. 606, 607–08, 631 S.E.2d 805 (2006) (acknowledging extension of firefighter's rule to police officers under Georgia law, declining to apply the rule......
  • Babes Showclub, Jaba, Inc. v. Lair, 49S05-0905-CV-214.
    • United States
    • Indiana Supreme Court of Indiana
    • December 15, 2009
    ...not shield a defendant from liability for independent acts of misconduct which otherwise cause the injury."); see also Davis v. Pinson, 279 Ga. App. 606, 631 S.E.2d 805 (2006) (fireman's rule did not bar suit against negligent driver by policeman escorting a funeral procession); Southland C......
  • Empire Fire & Marine Ins. Co. v. Daniels, No. A06A0337.
    • United States
    • United States Court of Appeals (Georgia)
    • May 31, 2006
    ...made additional arguments within this enumeration, we find them to be unsupported by any authority showing there was reversible error. [279 Ga. App. 606] Accordingly, because Shana Carver was not a "rentee" under the policy but instead came within the definition of an "insured," the trial c......

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