Whitlock v. Moore
312 Ga. App. 777
Ga. Ct. App.2011Background
- thief steals Moore's van from his Stone Mountain home; Moore and Nguyen pursue the van after reporting theft to police
- van is spotted stopped at a traffic light; Moore and Nguyen drive in pursuit but the van escapes again
- the thief runs a red light on a four-lane road; the Whitlocks are injured in a crash
- Moore chases the thief on foot and apprehends him after the crash scene; the Whitlocks sue the thief, Moore, and Nguyen
- Moore and Nguyen move for summary judgment; Whitlocks offer a police-officer affidavit which is partly struck by the court
- on appeal, the court affirms the trial court’s rulings, including striking portions of the affidavit and granting summary judgment
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in striking portions of the police officer affidavit | Whitlocks argue the stricken portions were admissible opinions | Moore/Nguyen contend the court did not abuse its discretion; those opinions were based on interviews | No abuse of discretion; stricken portions properly excluded |
| Whether Moore and Nguyen were entitled to summary judgment on the negligence claim | Whitlocks contend there was a duty to exercise ordinary care and causation from the pursuit | Moore/Nguyen had no causally related breach; no evidence the pursuit caused the crash | Summary judgment affirmed; no triable issue on causation or duty pre-crash |
Key Cases Cited
- Cox v. U. S. Markets, 278 Ga. App. 287 (Ga. App. 2006) (affidavits must be based on personal knowledge; hearsay limited in summary judgment)
- Goddard v. City of Albany, 285 Ga. 882 (Ga. 2009) (disregard portions of an affidavit not based on personal knowledge)
- Purvis v. Steve, 284 Ga. App. 116 (Ga. App. 2007) (causal relation required; acts must be actionable to support recovery)
- Purcell v. Kelley, 286 Ga. App. 117 (Ga. App. 2007) (evidence based on interviews; expert-like opinions may be inappropriate)
- McMichen v. Moattar, 221 Ga. App. 230 (Ga. App. 1996) (expert opinion admissible when necessary to prove accident cause)
- Emory v. Dobson, 206 Ga. App. 482 (Ga. App. 1992) (expert testimony allowed only if beyond lay understanding)
- Handy v. DeKalb Medical Center, 298 Ga. App. 82 (Ga. App. 2009) (concerning basing inferences on circumstantial evidence; mere conjecture not enough)