Clayton County v. Austin-Powell
321 Ga. App. 12
| Ga. Ct. App. | 2013Background
- McCobb and Austin-Powell filed separate wrongful death actions against Clayton County alleging an officer's high-speed pursuit caused their sons' deaths.
- Both plaintiffs, represented by same counsel, moved for discovery sanctions for spoliation of evidence; motions were ruled on by different trial judges.
- McCobb's trial court denied sanctions and granted summary judgment to the county; Austin-Powell's court granted sanctions and partial summary judgment on liability.
- The appeals arise from the same incident and issues; the court consolidates the cases for review.
- The court holds: (i) no spoliation; (ii) misapplied statute led to erroneous summary judgment; (iii) sanctions ruling in Austin-Powell reversed; (iv) no proper merits-based partial summary judgment.
- Ruling: judgment reversed in A12A2217; judgment affirmed in part and reversed in part in A13A0034.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Smith qualify as an innocent party under OCGA 40-6-6(d)(2)? | McCobb contends Smith was an innocent passenger protected by the statute. | County argues Smith was a fleeing suspect and not entitled to the provision. | Yes, there are genuine issues as to innocence; summary judgment improper. |
| Was there spoliation of evidence by the officer? | McCobb maintained the officer destroyed/failed to preserve video evidence. | No evidence existed to be spoliated because no video was recorded. | No spoliation; no evidence in control existed. |
| Did McCobb's spoliation motion improperly seek merits-based partial summary judgment? | Motion sought partial summary judgment on liability as sanctions. | Motion was for sanctions only; no proper merits motion. | No proper merits-based partial summary judgment; not timely. |
| Did the trial court have proper basis to grant/deny sanctions and related partial merits in Austin-Powell case? | Similar to McCobb, argues spoliation absent; merits sought post-response. | Sanctions and partial merits supported by distinct record. | Sanctions ruling reversed; merits-based partial summary judgment reversed. |
Key Cases Cited
- City of Winder v. McDougald, 276 Ga. 866 (Ga. 2003) (limits liability of police when innocent parties are involved under OCGA § 40-6-6(d)(2))
- Chambers v. City of Lancaster, 843 S.W.2d 143 (Tex. App. 1992) (passenger on fleeing vehicle not protected from liability in some contexts)
- City of Lancaster v. Chambers, 883 S.W.2d 650 (Tex. 1994) (reaffirms passenger innocence principle in pursuit cases)
- Robinson v. City of Detroit, 613 N.W.2d 307 (Mich. 2000) (duty to innocent persons regardless of inside/outside vehicle location)
- Craig v. Bailey Brothers Realty, 304 Ga. App. 794 (Ga. App. 2010) (notice for spoliation requires more than mere injury; must be contemplated litigation)
- Sentry Select Ins. Co. v. Treadwell, 318 Ga. App. 844 (Ga. App. 2012) (spoliation requires evidence existence and control; not mere notice of injury)
- Powers v. Southern Family Markets of Eastman, 320 Ga. App. 478 (Ga. App. 2013) (trial court’s discretion in resolving spoliation issues)