AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Negligence: To Traveling Public
Sheriff's office's failure to transmit
information from "911" call concerning knocked over stop sign
could be the basis of a wrongful death negligence claim by estate of a
motorist who later died at the intersection Cook v. Sheriff of Collier
County, 573 So.2d 406 (Fla App. 1991).
State liable for trooper's negligence in failing to replace road sign which resulted in car' accident Rohweller v. State, 456 N.Y.S.2d 262 (App. Div 1982).
Sheriff's deputies time barred from suit alleging patrol car's defective red lights caused vehicle to strike cattle on road Gauther v. So Farm Bureau Cas Ins Co, 422 So.2d 627 (La App. 1982).
No liability for failing to arrest drunk motorcycle operator who later killed pedestrian Crosby v. Town of Bethlehem, 457 N.Y.S.2d 618 (App. Div 1982).
California Highway Patrol has no duty to remove stranded vehicle from roadside Bonds v. State of California, 187 Cal.Rptr. 792 (App. 1982).
About $23 million awarded to man severely injured in motorcycle accident as a result of trooper's failure to warn of oil spill on road Naylor v. La Dept of Public Highways, 423 So.2d 674 (La App. 1982).
No liability for accident that occurred after officer left van on highway Obray v. Glick, 660 P.2d 44 (Idaho 1982).
Deputy sheriff immune from liability for releasing intoxicated motorist who subsequently hit and killed another motorist Everton v. Willard, 426 So.2d 996 (Fla App. 1983).
City liable for negligently certifying and licensing an unqualified truck driver who one day later caused collision First Ins Co v. International Harvester, 659 P.2d 64 (Haw 1983).
City liable for accident caused when officer left high beams on patrol car to investigate suspicious persons Stovall v. Perius, 659 P.2d 393 (Or App. 1983).
County liable for injuries incurred by motorist when he struck horse police knew was loose on highway Napolitano v. County of Suffolk, 460 N.Y.S.2d 353 (App. 1983).
Sheriff not liable for accident occurring after he left scene Menter v. Bilz, 461 N.Y.S.2d 453 (App. 1983).
Jury finds patrolman and arrestee negligent for injuries sustained near highway during sobriety tests Walston v. Florida Highway Patrol, 429 So.2d 1322 (Fla App. 1983).
No liability for death caused by alleged drunk motorist officer allowed to drive Lindquist v. Moran, 662 P.2d 281 (Mont 1983).
Two California cases rule officers do not have to investigate or gather information at the scene of an accident that a victim may need to bring suit against the other party involved Williams v. State, 192 Cal.Rptr. 233 (Cal 1983).
No liability to officers for not arresting drunk who returned to his car and caused a fatal accident City of Cape Coral v. Duvall, 436 So.2d 136 (Fla App. 1983).
Since officers have no constitutional obligation to rescue victims in car crash, Section 1983 claims under federal law dismissed; state law may apply Jackson v. City of Joilet, 715 F.2d 1200 (7th Cir. 1983).
No liability to deputy sheriffs for leaving motorist with engine problems on side of road and subsequent accident occurs Johnson v. Larson, 441 So.2d 5 (La App. 1983).
Even though motorist had been drinking when he crashed, state was partially liable for failing to properly mark dead-end road Humphrey v. State, 469 NYS 2d 661 (1983).
Plaintiffs must accept settlement Klever v. City of Snow, 468 N.W.2d 58 (Ohio App. 1983).
Trooper's telephoning transportation department was insufficient response to warn motorists of oil spill Coco v. State, 474 N.Y.S.2d 397 (Ct.Cl. 1984).
Bus drivers and those in charge of carriers must ensure against passenger assaults DeLucia v. Metropolitan, 451 So.2d 1008 (Fla App. 1984).
City has duty to remove drunken drivers from road or risk liability to travelers subsequently injured; blood test analysis improperly admitted as evidence Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass 1984).
Failure to light flares not the cause of collision Long v. Soderquist, 467 N.E.2d 1153 (Ill App. 1984).
No liability for accident by obstruction on state highway Shinder v. State, 468 N.E.2d 27 (NY 1984).
Failure to remove drunken drivers from road not a discretionary act Cain v. Leake, 695 F.2d 798 (Colo App. 1984).
Alleged breach of "special duty" relationship to intoxicated driver not grounds for liability Van Truong v. James, 215 Cal.Rptr. 33 (App. 1985).
Court explains why sheriff would be liable for deputy's negligent chase, not the county commissioners, who set salaries Pettus v. Smith, 330 S.E.2d 735 (Ga App. 1985).
Failure to revoke driver's license not grounds for liability for drunk motorist's accident Hartley v. State, 698 P.2d 77 (Wash 1985).
Shining flashlight on pedestrian gives rise to duty Carrell v. City of Portage, Ind, 609 F.Supp. 314 (DC Ind 1985).
Liability may result for detaining motorist for traffic violation enroute to hospital Baldi v. City of Philadelphia, 609 F.Supp. 162 (DC Pa 1985).
Police officer's asking motorist to stay in parking lot until he sobered up creates no special duty Barratt v. Burlingham, 492 A.2d 1219 (RI 1985).
Officer not required to arrest motorist he suspected of intoxication, while investigating accident: No liability for a subsequent second accident Hildebrand v. Cox, 369 N.W.2d 411 (Iowa, 1985).
No liability for officer's detaining motorist en route to hospital City of Roswell v. Davis, 335 S.E.2d 582 (Ga 1985).
Police officers were not entitled to immunity under "good samaritan" statute for alleged negligent failure to get motorist out of car wreckage before fire Praet v. Borough of Sayreville, 218 NJ Super 218, 527 A.2d 486 (1987).
California court holds that city was not liable for officers' failure to arrest drunk driver City of Sunnyvale v. Superior Court (Ragan), 250 Cal.Rptr. 214 (Cal App. 1988).
Evenly divided Pennsylvania Supreme Court upholds summary judgment for township in case involving fatal injuries to motorists at intersection where stop sign was missing Mindala v. American Motors Corp, 543 A.2d 520 (Pa 1988).
" See also: Negligence: Incapacitated Persons
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