Gooden v. City of Talladega

• Decision Date: 02 March 2007
• Docket Number: 1041780.
• Citation: 966 So.2d 232
• Parties: Elisha GOODEN, as personal representative of the estate of Tyrone Gooden, deceased v. CITY OF TALLADEGA and Daniel Dill.
• Court: Alabama Supreme Court

966 So.2d 232

Elisha GOODEN, as personal representative of the estate of Tyrone Gooden, deceased v. CITY OF TALLADEGA and Daniel Dill.

1041780.

Supreme Court of Alabama.

March 2, 2007.

Rehearing Denied April 13, 2007.

Stephen A. Strickland of Jaffe, Strickland & Drennan, P.C., Birmingham, for appellant.

C. David Stubbs of Stubbs, Sills & Frye, P.C., Anniston, for appellees.

SMITH, Justice.

Elisha Gooden, as personal representative of the estate of Tyrone Gooden, deceased, appeals from a summary judgment in favor of the City of Talladega and Daniel Dill in a wrongful-death action Elisha filed in the Talladega Circuit Court. We affirm.

Facts and Procedural History

At approximately 3:30 a.m. on November 3, 2002, City of Talladega police officers Tony Haynes and Charles Courtney were on patrol when they encountered a black Ford Explorer sport-utility vehicle ("SUV") with an out-of-state tag. After noticing a broken taillight on the SUV, the officers requested the dispatch officer to "run" the tag in the National Crime Information Center ("NCIC") database, and the officers then turned on the blue lights on their patrol car to pull over the SUV.

However, the driver of the SUV, Tyrone Gooden, did not pull over. After traveling a short distance, Tyrone turned onto Alabama Highway 77 and proceeded north. The officers then turned on the siren, and Tyrone pulled the SUV over and came to a stop approximately 50 yards from the intersection of Highway 77 and Peters Road. The officers notified the dispatcher of the location of the stop, and the dispatcher informed them that the NCIC database was not then available.

When Officers Haynes and Courtney got out of the patrol car and began walking towards the SUV, three male passengers got out of the SUV. Courtney testified that he and Haynes told the passengers to get back in the SUV but that the passengers said they could not because the driver "was leaving." Tyrone, whose driver's license had been suspended, then took off in the SUV, again heading north on Highway 77. Officer Courtney testified that the SUV almost struck one of the former passengers as it was leaving.

As the SUV crossed Peters Road, it passed in front of the patrol car of Talladega police officer Daniel Dill. Dill did not know why Officers Haynes and Courtney had stopped the SUV, but he had watched the SUV pull over, and he saw two of the passengers get out as Officers Haynes and Courtney approached the SUV. Dill saw the SUV leave the scene, and when it passed in front of his patrol car, Dill turned on his blue lights and siren and began pursuing the SUV. Haynes and Courtney got back in their patrol car, turned on their lights and siren, and joined the pursuit.

The vehicles in the chase were traveling at a much higher rate of speed than the posted speed limit. Dill testified that he was traveling at approximately 70 to 80 miles per hour and was approximately 100 yards from Tyrone's SUV. Haynes testified that he was approximately 2 or 3 car lengths behind Dill and was traveling between 80 and 90 miles per hour.

The chase continued until Tyrone reached the intersection of Cove Access Road and Howell Cove Road, which was approximately a mile from Highway 34. The intersection was after a slight upgrade and curve in the road, and there was a four-way stop at that intersection. Tyrone attempted to proceed through the intersection at a high rate of speed. Tyrone's speed caused him to lose control of the SUV and run off the road, and he was ejected from the vehicle.

As Dill traveled around the curve, he saw the SUV turned sideways in the road about 200-300 yards away. Dill then locked his brakes and swerved. He missed the SUV, but he lost control of his patrol car and left the road. The airbag in Dill's patrol car deployed, and he was knocked unconscious but was not seriously injured.

Haynes and Courtney stopped near the SUV. After getting no response from Dill on the radio, Courtney went to check on Dill, and Haynes went to check on Tyrone. Haynes found Tyrone lying in a ditch near the road. Tyrone was still alive, but he was bleeding and severely injured and could not talk. Tyrone was taken to a hospital, where he died of injuries he suffered in the wreck.

The distance from where Tyrone was first pulled over to where the chase ended was approximately 3.2 miles, although at his deposition Dill estimated the chase had been only about 1.5 miles. Elisha asserts that the parties stipulated that the chase lasted two to three minutes.

On October 24, 2003, Tyrone's mother Elisha filed an action in the United States District Court for the Northern District of Alabama, naming as defendants the City of Talladega; Alan Watson, the Chief of Police of the City of Talladega; and Dill. Elisha asserted four claims, including a claim under 42 U.S.C. § 1983, and various state-law claims. The defendants moved for a summary judgment, and on August 10, 2004, Elisha conceded that the federal-law claim was due to be dismissed. On January 28, 2005, the district court entered a summary judgment in favor of the defendants on the federal-law claim, and, under 28 U.S.C. § 1367(c)(3),¹ the court dismissed, without prejudice, Elisha's state-law claims.

On February 16, 2005, Elisha filed a wrongful-death action in the Talladega Circuit Court, naming as defendants Dill and the City of Talladega. Elisha asserted, among other claims, that Dill and the City "through ... neglect, carelessness, unskillfulness, recklessness, willfulness, and/or wantonness caused Tyrone Gooden's death."

On April 19, 2005, the defendants moved for a summary judgment. Among other things, the defendants argued that Dill was entitled to immunity, that there was not substantial evidence to show breach of duty or causation, and that Tyrone's contributory negligence or assumption of the risk was the sole cause of his death.

On August 8, 2005, the trial court entered a summary judgment for the defendants. Elisha appealed.

Standard of Review

"`This Court's review of a summary judgment is de novo. Williams v. State Farm Mut. Auto. Ins. Co., 886 So.2d 72, 74 (Ala.2003). We apply the same standard of review as the trial court applied. Specifically, we must determine whether the movant has made a prima facie showing that no genuine issue of material fact exists and that the movant is entitled to a judgment as a matter of law. Rule 56(c), Ala. R. Civ. P.; Blue Cross & Blue Shield of Alabama v. Hodurski, 899 So.2d 949, 952-53 (Ala.2004). In making such a determination, we must review the evidence in the light most favorable to the nonmovant. Wilson v. Brown, 496 So.2d 756, 758 (Ala.1986). Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce "substantial evidence" as to the existence of a genuine issue of material fact. Bass v. South-Trust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12. "[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assur. Co. of Fla., 547 So.2d 870, 871 (Ala.1989).'"

Prince v. Poole, 935 So.2d 431, 442 (Ala. 2006) (quoting Dow v. Alabama Democratic Party, 897 So.2d 1035, 1038-39 (Ala. 2004)).

Discussion

I.

The parties devote a significant portion of their briefs to discussing whether the defendants are immune from liability under § 6-5-338(a), Ala.Code 1975, and/or Ex parte Cranman, 792 So.2d 392 (Ala. 2000). However, Elisha alleges that during the high-speed chase the defendants violated a number of statutes, including § 32-5A-7, Ala.Code 1975, as well as policies and procedures set forth in the Talladega Police Department Manual ("the TPD manual"). She contends that those statutes, policies, and procedures limit the discretion conferred upon the defendants; she argues that the defendants' alleged violations of those statutes, policies, and procedures prevent the defendants from successfully asserting immunity. Thus, we must decide whether there is substantial evidence of causation or of a breach of a duty.

II.

Elisha argues first that the summary judgment in favor of the defendants on the negligence claim was not appropriate. Elisha's allegations of negligence fall into two general categories: First, Elisha contends Dill was negligent in deciding to pursue Tyrone in a high-speed chase; second, Elisha contends Dill was negligent in carrying out the high-speed chase. Elisha summarizes her position as follows:

"In conclusion, the hi[gh]-speed chase should have never started, and it should have been discontinued from the moment it started all the way until the wreck due to 1) the excessive rates of speed, 2) the legal speed limit in the area, 3) the conditions of the road, 4) the fact that Tyrone drove off the road 5 times, 5) the fact that Tyrone almost flipped over as he made a left turn in a[n] SUV, 6) the fact that parties were headed for a four-way stop sign at high rates of speed on a curvy road, with a rise on it, 7) the type of area in which the parties were driving, 8) it was late at night, 9) the weather conditions, 10) reckless driving, 11) violation of state statutes, 12) violation of Talladega's policies and procedures, 13) the cars went past another car and past a trailer park full of people and their property, and 14) [Talladega Police] Chief Watson committed state and federal felonies by illegally running a[n] NCIC check on Tyrone to defend the civil litigation."

(Elisha's brief, pp. 41-42 (emphasis in original).)

The defendants respond to Elisha's arguments with a number of arguments of their own; however, to affirm the trial court's summary judgment on the negligence claim we need consider only the defendants' argument that, even if Dill was negligent (which the defendants deny), Elisha has not offered substantial evidence...