Tuesday, May 15, 2012

Police call results in pedestrian fatality

The Atlanta Journal-Constitution reports that a Dekalb County police officer responding to a fatal shooting at the Starlight Six Drive-In movie theater struck and killed a pedestrian earlier today. Although police reported that the pedestrian victim was not in a crosswalk when he was hit, witnesses also stated that the law enforcement vehicle was speeding and did not have its blue lights activated. The investigation is ongoing, according to police, and it does not appear that fault for the pedestrian's death has been determined. Georgia law, codified at O.C.G.A. 40-6-6, allows police vehicles to exceed the speed limit when necessary for law enforcement purposes. But the law also requires in such circumstances that both the vehicle's siren and blue lights be activated. While governmental entities enjoy broad sovereign immunity in many cases, a partial immunity waiver exists where damages are caused by the negligence of a police vehicle. Whether the officer was negligent in this case is unknown.

Our firm represents those injured by the wrongdoing of others, including police departments, and recently secured a victory at the Georgia Court of Appeals in a police pursuit case against the City of Atlanta. Partner John Hadden will be a featured speaker on litigation involving law enforcement at a seminar sponsored by the National Business Institute later this summer:[SEMINAR INFORMATION]


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