WINGLER Et Al. v. WHITE Et Al., 344 Ga. App. 94

Background

On Feb. 6, 2013, a Lamar County deputy initiated a high-speed pursuit (speeds up to 120–125 mph) of a driver who failed to maintain lane; Monroe County deputies joined about 10 miles into Monroe County.
The chase extended ~45 miles across interstates and ended when the fleeing driver ran a red light on GA-247 and collided with plaintiffs Shirley and Nile Wingler, causing serious injuries; driver later convicted of serious-injury-by-vehicle and other offenses.
Lamar deputy's patrol car suffered a blown tire on I-475 and became immobile ~20 miles before the collision; Monroe deputies continued the pursuit and led the chase into congested surface streets.
Plaintiffs sued the Lamar and Monroe Sheriffs (official capacities), alleging waiver of sovereign immunity under OCGA §§ 33-24-51(b) and 36-92-2 for negligent use of county motor vehicles and that deputies acted with reckless disregard for pursuit procedures (OCGA § 40-6-6(d)(2)).
Trial court granted summary judgment to Lamar Sheriff (sovereign immunity; Lamar vehicle not “in use”) and to Monroe Sheriff (no evidence of reckless disregard). Plaintiffs appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sovereign immunity waived as to Lamar Sheriff under negligent use statute	Waiver applies because plaintiffs’ injuries arose from deputies' pursuit conduct	Lamar: patrol car was disabled and not "in use" when injury occurred, so no waiver	Affirmed: sovereign immunity not waived — Lamar vehicle immobile and not in "use" when collision occurred
Whether Lamar deputy’s conduct proximately caused plaintiffs’ injuries	Lamar’s initiation/continuation contributed to chase that led to collision	Lamar: pursuit was under Monroe deputies' exclusive control when collision occurred; no proximate causation	Not reached (disposition rests on sovereign-immunity ruling)
Whether Monroe deputies acted with reckless disregard for law-enforcement procedures	Monroe deputies continued pursuit despite minor-traffic basis, extreme speeds, congested conditions, known tag info, and County policy advising balancing hazards	Monroe: pursuit justified (fleeing/eluding felony committed); alleged powder thrown provided grounds to continue	Reversed: genuine factual disputes exist — jury must decide reckless disregard; summary judgment improper
Whether fleeing/eluding offense or alleged thrown powder justified continuation as matter of law	Plaintiffs: those facts don’t automatically excuse reckless-disregard analysis; officers must still weigh public safety	Monroe: once driver was fleeing/attempting to elude (and allegedly threw powder), continuation was justified	Reversed: court held fleeing charge cannot categorically justify continuation as matter of law; alleged powder incident was disputed and did not mandate summary judgment

Key Cases Cited

Butler v. Carlisle, 299 Ga. App. 815 (discusses county sovereign immunity and waiver)
McCobb v. Clayton County, 309 Ga. App. 217 (sovereign immunity is threshold and waiver must be established)
Strength v. Lovett, 311 Ga. App. 35 (pursuit liability requires reckless disregard for procedures)
City of Atlanta v. Lockett, 312 Ga. App. 19 (application of OCGA § 40-6-6(d)(2) to pursuits)
Board of Commrs. of Putnam County v. Barefoot, 313 Ga. App. 406 (strict construction of "use" for waiver of immunity)
Columbus Consolidated Gov't v. Woody, 342 Ga. App. 233 (vehicle not "in use" when immobile/undergoing maintenance)
Cameron v. Lang, 274 Ga. 122 (legislative intent balancing police rights and public protection under OCGA § 40-6-6(d)(2))
Lang v. Becham, 243 Ga. App. 132 (expert testimony + policy violations can create jury question on reckless disregard)
Whitley v. Piedmont Hosp., 284 Ga. App. 649 (on giving plaintiff benefit of favorable expert testimony at summary judgment)
Smith v. Wal-Mart Stores East, L.P., 330 Ga. App. 340 (video evidence may preclude summary judgment when it supports plaintiff’s version)