In the case Carter v. Officer Hymes, 2020-Ohio-3967, 2020 Ohio App. LEXIS 2870, an Ohio appellate court found the trial court should have granted the motion for summary judgment filed by the officer who was a passenger in the police car because reasonable minds could only conclude that his conduct as a passenger of the zone car was not reckless and he was entitled to immunity under R.C. 2744.03(A)(6) In this case a negligence action was brought against two police officers by the estate of a motorist who was killed in a collision caused by a high-speed chase. However, the trial court properly denied the summary judgment motion filed by the officer who was driving the police car because there was an issue of fact as to whether his operation of the zone car at a high rate of speed constituted an unauthorized pursuit in violation of departmental policy and in a reckless manner, and the trial court properly declined to invade the province of the jury by deferring to the jury for resolution of the issue.
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Authors: Matthew John Markling and the McGown & Markling Team.
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