City of Atlanta v. Lockett
312 Ga. App. 19
| Ga. Ct. App. | 2011Background
- Lockett sued the City of Atlanta for injuries from an APD pursuit of a fleeing suspect that struck her as she walked along the road.
- On July 22, 2008, around 5:00 p.m., two APD officers identified a white Monte Carlo believed stolen and speeding.
- After learning the vehicle's registration was suspended, the officers activated lights and siren to initiate a traffic stop and began pursuing the vehicle.
- One officer admitted the pursuit violated APD’s written policy governing when pursuits are permitted.
- During the pursuit, the Monte Carlo struck Lockett, causing injuries; the City moved for summary judgment claiming sovereign immunity; the trial court denied.
- The appellate court affirmed, holding the sovereign-immunity waiver under OCGA § 36-92-2(a) applied and that causation issues were governed by OCGA § 40-6-6(d)(2) and related provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 36-92-2(a) waive sovereign immunity for claims arising from reckless police pursuit? | Lockett argues the claim fits within negligent use of a covered motor vehicle. | City argues the claim is not a negligent use of a covered motor vehicle. | Yes; waiver applies under Strength and McCobb. |
| Is liability via police pursuit governed by OCGA § 40-6-6(d)(2) causation standards after waiver? | Plaintiff contends reckless disregard in pursuit supports causation. | City contends standard is limited by immunity determination. | Causation requires proving officer acted with reckless disregard; remains after waiver. |
Key Cases Cited
- Strength v. Lovett, 311 Ga.App. 35 (Ga. Ct. App. 2011) (sustains waiver under §36-92-2(a) for reckless pursuit claims; discusses negligent use of a motor vehicle)
- McCobb v. Clayton County, 309 Ga.App. 217 (Ga. Ct. App. 2011) (confirms waiver under §36-92-2(a) and outlines causation framework under §40-6-6(d)(2))