Stephen Endicott, Administrator v. City of Oak Hill
Case Number:
17-0765
Case Date:
24-10-2018
Case Information:
Petitioner appeals the circuit court’s July 7, 2017, order granting respondents summary judgment in a wrongful death case arising from an automobile accident following a police vehicle pursuit. Petitioner argues the circuit court erred in denying the parties’ joint motion to continue trial; erred in failing to find a special relationship existed between petitioner’s decedent and respondent law enforcement officer to defeat the application of immunity; erred in finding that the actions of the driver of the vehicle in which petitioner’s decedent was a passenger were an intervening cause sufficient to negate respondents’ liability; erred in failing to find that respondent law enforcement officer’s actions in pursing the motor vehicle in which petitioner’s decedent was a passenger were reckless, grossly negligent, and in wanton disregard for public safety; and erred in refusing to address petitioner’s motion for discovery sanctions.