Doran v. City of Madison

Decision Date15 January 1988
Citation519 So.2d 1308
PartiesJames Edward DORAN, et al. v. CITY OF MADISON, et al. 86-1194.
CourtAlabama Supreme Court

John L. Sims, Hartselle, for appellants.

Barnes F. Lovelace, Jr. of Caddell & Shanks, Decatur, for appellee City of Madison.

Don G. DeCoudres, Birmingham, for appellees Steve Howell Fields and Jack M. Milford.

HOUSTON, Justice.

The plaintiffs, James Edward Doran, Alesia Lake, and Suzanne Nelson, appeal from a summary judgment granted in favor of defendants Steve Howell Fields, Jack M. Milford, and the City of Madison, in this action to recover damages for personal injury. We affirm.

This action arose out of a collision between a vehicle occupied by the plaintiffs and one occupied by Toney Dean Lindsey, at an intersection in the City of Decatur. At the time of the collision, Lindsey was attempting to elude police officers employed by the City of Decatur; Christopher Barnes, a police officer employed by the City of Madison; and Fields and Milford, police officers employed by the Huntsville-Madison County Airport Authority. Plaintiffs filed suit against Lindsey, alleging negligence and wantonness; and against the City of Decatur and its police officers; the City of Madison and its police officer, Barnes; the City of Huntsville; and Fields and Milford, police officers employed by the Huntsville-Madison County Airport Authority, alleging against all of them negligence in the pursuit of Lindsey. The City of Decatur and its officers were granted a summary judgment, and this Court affirmed that judgment. See Doran v. City of Decatur, 510 So.2d 813 (Ala.1987). The record indicates that the plaintiffs erroneously alleged in their complaint that Officers Fields and Milford were employed by the City of Huntsville; consequently, the City of Huntsville was granted a summary judgment, and the propriety of that judgment is not at issue on this appeal. The record also indicates that the Huntsville-Madison County Airport Authority was not sued, and that Officer Barnes and Lindsey were never served.

The circumstances surrounding the collision are set out in affidavits of Officers Barnes, Fields, and Milford filed in support of the defendants' motions for summary judgment, and affidavits of John Tilden Dillard and Ronald Renae Johnson filed in opposition to the motion. 1 In his affidavit, Officer Barnes stated:

"My name is Christopher Barnes. I was employed as a police officer with the City of Madison, Alabama from June 22, 1984 until January 4, 1985.

"For a period of approximately eight and one-half years immediately prior to my employment with the City of Madison I was employed as an emergency medical technician. In my duties as an emergency medical technician I often operated an ambulance in emergency situations. I received training as an emergency medical technician and as a police officer in the proper method of operating an emergency vehicle, including the operation of a police vehicle in the pursuit of another vehicle. From my experience as an emergency medical technician and as a police officer I am knowledgeable of the proper method of operating an emergency vehicle, including a police vehicle pursuing another vehicle, in such a manner so as not to unreasonably endanger the safety of others.

"I was operating a City of Madison police department vehicle on October 27, 1984 and on that date I initiated the pursuit of a 1976 Oldsmobile Cutlass operated by Toney Dean Lindsey. I understand that said pursuit and the subsequent automobile accident involving Mr. Lindsey's automobile and an automobile occupied by the Plaintiffs herein is the basis of the complaint filed in the above styled action.

"On October 27, 1984, while I was on routine patrol within the city limits of the City of Madison, Alabama, I observed said 1976 Oldsmobile Cutlass driving very erratically in a westerly direction on Highway 20. I proceeded in my police vehicle to approach the rear of said 1976 Oldsmobile Cutlass and I turned on my blue lights in an attempt to stop said vehicle. After said vehicle failed to stop I then gave a short blast on my siren and said vehicle still did not respond. I then went to continuous operation of my blue lights and siren.

"After I went to continuous operation of my blue lights and siren said 1976 Oldsmobile Cutlass increased its speed and continued traveling west on Highway 20. I advised the dispatcher for the Madison Police Department that I was pursuing a 1976 Oldsmobile Cutlass for the possible traffic offense of driving under the influence of alcohol and I reported to said dispatcher the license plate number for said vehicle. I then radioed the Huntsville-Madison County Airport Authority police and requested their assistance in stopping said vehicle.

"During the course of said pursuit I reduced the speed of my police unit on several occasions as I observed other vehicles in front of the vehicle I was pursuing. As the pursuit continued into the City of Decatur, south on Highway 31, I either stopped completely or reduced my speed to less than 10 miles per hour as I crossed several intersections that showed a red traffic light for traffic traveling in my same direction. Said Oldsmobile Cutlass was able to increase the distance from my vehicle due to the reduction in my speed as I proceeded through said traffic lights.

"I continued the pursuit of said Oldsmobile Cutlass until said automobile ran a red light at the intersection of 6th Avenue and 14th Street, S.E. in Decatur, Alabama where it struck a Chevrolet Camaro. At the time of the collision between the Oldsmobile Cutlass and the Chevrolet Camaro my police unit was approximately in front of McBride's Florist. Immediately prior to the accident I had reduced my speed while pursuing said Oldsmobile Cutlass so I could safely maneuver through the curve by the Decatur Shopping Center.

"I pursued said vehicle from my initial contact with said vehicle until said Oldsmobile Cutlass ran through a red traffic light at the intersection of 6th Avenue and 14th Street, S.E. in Decatur, Alabama where it struck a Chevrolet Camaro. At all times during my pursuit of said Oldsmobile Cutlass my police unit was operated in a safe and reasonable manner with due regard for the safety of other persons. My police unit was equipped with a properly operating siren and blue lights and said siren and blue lights were in continuous operation during said pursuit."

Officer Milford's affidavit reads, in pertinent part, as follows:

"My name is Jack M. Milford. I am a resident of Madison County, Alabama.... I am over the age of twenty-one (21) years and have personal knowledge of the facts contained herein. I understand that this affidavit is being made in conjunction with a Motion for Summary Judgment on my behalf in the above captioned matter in which I am a defendant. I am familiar with the plaintiffs' complaint and the allegations contained therein.

"On October 27, 1984, I was employed by the Huntsville-Madison County Airport Authority. I was employed in the capacity of a police officer and was driving a unit on the premises along with my partner, Steve Fields, when we received a call from Officer Christopher Barnes of the City of Madison Police Department. Officer Barnes stated that he was in pursuit of a vehicle and needed assistance in pulling the vehicle over.

"I proceeded to drive my vehicle onto Highway 20 toward Decatur and gave pursuit behind Officer Barnes and the fleeing vehicle. The blue lights and the siren on our unit were activated and remained on during our pursuit.

"During the course of our pursuit on Highway 20, we attempted two 'rolling' roadblocks to pull the fleeing vehicle over. Both efforts were unsuccessful and after the second 'rolling' roadblock, I pulled my vehicle in behind Officer Barnes. No further attempts were made by us to stop the fleeing vehicle.

"We continued to follow the vehicle across the Tennessee River bridge where a City of Decatur police roadblock had been set up. The fleeing vehicle managed to go through the roadblock after which the City of Decatur gave pursuit behind Officer Barnes. I fell in behind two City of Decatur police vehicles and continued to follow them up until the point of the accident which occurred within the city limits of Decatur. I was approximately one quarter to one half mile behind the wreck site when the accident occurred and did not personally witness the accident. At the time of the wreck, I was driving at approximately 40 miles per hour or less.

"At all times during the pursuit of the fleeing vehicle, I operated my vehicle in a safe and reasonable manner under the circumstances with due regard to safety.

"I have read the foregoing affidavit and it is both true and correct to the best of my knowledge and belief."

In his affidavit, Officer Fields, in pertinent part, stated:

"My name is Steve Howell Fields. I am a resident of Madison County, Alabama.... I am over the age of twenty-one (21) years and have personal knowledge of the facts contained herein. I understand that the purpose of this affidavit is for submission along with my Motion for Summary Judgment in the above captioned matter in which I am a defendant. I am familiar with the plaintiffs' complaint and the allegations contained therein.

"I am employed by the Huntsville-Madison County Airport Authority as a police officer and was so employed on October 27, 1984. On that date, my partner, Jack Milford, and I received a call from Officer Christopher Barnes of the City of Madison Police Department requesting assistance in stopping a drunken driver.

"We responded to the call and proceeded onto Highway 20 from the airport complex toward Decatur for pursuit. My partner, Jack Milford, was driving and I was a passenger in the front seat.

"We pursued the fleeing vehicle and assisted Officer Barnes by attempting two 'rolling' roadblocks which proved to be unsuccessful. After the second 'rolling' roadblock, our vehicle...

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