NCJ Number
132318
Date Published
1991
Length
40 pages
Annotation
This case before the Court of Appeals of Maryland involves the possible liability of law enforcement officers, the State of Maryland, and Charles County for injuries sustained by motorists struck by a suspected drunk driver who officers were pursuing in a high-speed chase.
Abstract
In its opinion, the Maryland Court of Appeals addresses the claimed liability of the County Commissioners of Charles County and the Charles County "Sheriff's Department;" the contention of the plaintiffs, the surviving sons of Jackisch Boyer and Joseph A. Boyer, that the Circuit Court erred in granting summary judgment in favor of Trooper Titus; and the claim of the plaintiffs against the State of Maryland under the Maryland Tort Claims Act. In that the matter of vehicle ownership was not raised in the case until oral argument, the Appeal Courts found that the plaintiffs should have the opportunity to amend their complaint to allege, if they can, ownership of the vehicles by Charles County. As to the judgment in favor of Charles County, the Appeals Court remands to the Circuit Court for Charles County. Concluding that Trooper Titus did not act with wanton or reckless disregard for the safety of others in pursuing Mr. Farrar, the Appeals Court held that he was entitled to summary judgment. The Appeals Court also affirmed in part and vacated in part the judgment in favor of the State of Maryland. 23 footnotes