Seals v. City of Columbia
Decision Date | 06 May 1994 |
Citation | 641 So.2d 1247 |
Parties | Robert Hence SEALS, individually and as administrator of the Estate of Misty Michelle Seals, deceased v. CITY OF COLUMBIA and Stanley E. Cook. 1920237. |
Court | Alabama Supreme Court |
The opinion of June 25, 1993, is withdrawn and the following is substituted therefor.
The plaintiff, Robert Hence Seals, individually and as administrator of the estate of Misty Michelle Seals, appeals from a summary judgment entered in favor of the defendants, the City of Columbia and Stanley E. Cook.
This is the second time this case has come before this Court. In Seals v. City of Columbia, 575 So.2d 1061 (Ala.1991), an appeal from a dismissal, Justice Houston set forth the facts as follows:
575 So.2d at 1062. In reversing the dismissal, Justice Houston stated, "By [its holding in Madison v. Weldon, 446 So.2d 21 (Ala.1984) ], this Court recognized that a lack of due care on the part of a police officer in operating his vehicle could be the proximate cause of the injuries sustained by, or the death of, a third party involved in a collision with the fleeing offender." 575 So.2d at 1063.
After the remand of this case, the parties moved on to discovery and, thereafter, the defendants moved for a summary judgment. In support of their motion, the defendants offered Cook's deposition, wherein he responded as follows to questions regarding the proper procedure when a roadblock has been set up to apprehend a fleeing offender:
Cook also stated that as soon as he was notified of the roadblock, he stopped pursuing the automobile driven by Watford and cut off his siren and blue lights.
In opposition to the motion for summary judgment, Seals offered the affidavit of an eyewitness, who said that the officer appeared to be in continued pursuit of the vehicle at the 74-mile marker, where Cook had contended that he had abandoned the pursuit. The eyewitness further said that the siren and blue lights were engaged when he witnessed the officer in pursuit. He stated:
Seals also offered an expert witness, who testified that Cook negligently operated his police car during the pursuit. By affidavit, the expert stated:
(Emphasis added.)
On a motion for a summary judgment, once the defendant makes a prima facie showing that there is no genuine issue of material fact, the burden shifts to the plaintiff to present substantial evidence creating a genuine issue of material fact. Rule 56(c), Ala.R.Civ.P.; see Gillion v. Alabama Forestry Ass'n, 597 So.2d 1315, 1319 (Ala.1992). "[S]ubstantial...
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