Strength v. Lovett, 311 Ga. App. 35

Felder, a passenger in a car struck by a fleeing suspect, died in a collision during a high-speed police pursuit.
A Richmond County deputy pursued Jamie Clark after Clark fled a traffic stop for license restrictions and traffic violations.
Sheriff sought summary judgment on sovereign immunity and on causation; trial court denied it, Sheriff appealed.
Policy required balancing pursuit risks against public safety; supervisor urged discontinuation once identity known and warrants possible.
Evidence showed pursuit at speeds up to 90 mph, through intersections, with the deputy unaware at times of high-speed danger to public.
Court vacated denial of summary judgment on sovereign immunity/proximate cause and remanded to address cause in fact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sovereign immunity waived for negligent use of a covered vehicle	McCobb supports waiver	Immunity not waived	Waived; immunity does not bar claim
Proximate cause under OCGA 40-6-6(d)(2) for reckless disregard	Evidence shows reckless disregard	No reckless disregard	Evidence could support recklessness; not barred
Causation in fact available on appeal	Court should decide causation	Not addressed below; remand needed	Remand for court below to address cause in fact

McCobb v. Clayton County, 710 S.E.2d 207 (2011) (reckless disregard within negligent use of vehicle doctrine)
Calhoun First Nat. Bank v. Dickens, 443 S.E.2d 837 (1994) (causation and proximate cause standards)
Ga. Dept. of Human Resources v. Bulbalia, 694 S.E.2d 115 (2010) (proximate cause standard for foreseeability)
City of Winder v. McDougald, 583 S.E.2d 879 (2003) (statutory proximate cause modification in pursuit cases)
Pearson v. City of Atlanta, 499 S.E.2d 89 (1998) (disregard focus misaligned with statutory language)
Mixon v. City of Warner Robins, 444 S.E.2d 761 (1994) (proximate cause standards in pursuit cases)
Rahmaan v. DeKalb County, 685 S.E.2d 472 (2009) (evidence of policy-consistent pursuit as improper procedure)