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Dewald v. State5/23/1986
Rehearing Denied June 5, 1986.
This is an appeal from a summary judgment granted the State of Wyoming and its employees in an action brought under the Wyoming Governmental Claims Act.
The issues we must determine in this appeal are whether patrolmen Baltimore and Keigley had a qualified immunity for their actions in operating their patrol cars at the time of this accident; whether summary judgment in favor of appellees, Officers Baltimore and Keigley and the State of Wyoming, was appropriate; and whether the officers owed a duty only to the public and not to appellant, Allan DeWald, as an individual.
We affirm.
FACTS
On the afternoon of July 21, 1982, Officer Steve Keigley of the Wyoming Highway Patrol Department was on duty in Laramie, Wyoming. As he left town in his patrol car, he was waved down by a citizen who informed him that a man driving a large yellow car had just headed north on U.S. Highway 30 and appeared to be extremely intoxicated. In response to that report, Officer Keigley proceeded north on Highway 30 until he spotted a yellow Oldsmobile making a U-turn. He watched as the vehicle completed its turn and headed south, back toward Laramie. He turned, followed the vehicle, and saw it cross over the no-passing line twice and weave within its lane a couple of times. Based on the report and his own observations, Officer Keigley concluded that the driver had been drinking. He called in a "possible 10-55" (driving while intoxicated) and turned on his overhead lights. When the driver, Harold Maddox, did not respond, Officer Keigley touched his siren a couple of times to get his attention. Maddox still did not respond. Officer Keigley continued to follow the Maddox vehicle as it travelled south in the right-hand lane on Third Street. As the vehicles approached downtown Laramie they were intercepted by a second highway patrol car driven by Officer Jeff Baltimore. Officer Baltimore was travelling north on Third and heard Officer Keigley's radio transmission. He turned on his red lights and made a U-turn, pulling up next to the Maddox vehicle in the left-hand, south-bound lane. He signaled Maddox to pull over. Harold Maddox turned and looked at Patrolman Baltimore and then accelerated rapidly. Officers Keigley and Baltimore pursued the Maddox vehicle as it sped toward downtown Laramie. The pursuit reached speeds of approximately 55 m.p.h. and covered several blocks before the officers backed off. It ended when the Maddox vehicle collided with a vehicle stopped at a red light at the intersection of Third and Clark streets. Neither of the officers' vehicles were involved in the collision. The driver of the stopped vehicle, Allan DeWald, was killed instantly.
Lola J. DeWald, wife of the decedent, brought suit against Harold Maddox, the State of Wyoming, the State Highway Commission, and the two highway patrolmen. She settled her wrongful death claim against Maddox, and he was dismissed from the case. She pursued her action against the remaining defendants under the Wyoming Governmental Claims Act charging them with negligence "in one or more of the following respects:
"(a) The manner in which the said Harold Maddox was chased or pursued by Defendant Patrolman Baltimore and/or Defendant Patrolman Keigley in view of the circumstances then existing and the risk of harm or damage to persons using the streets within the City of Laramie including Decedent DeWald; and
"(b) The failure of Defendant Patrolman Baltimore and/or Defendant Patrolman Keigley to take such action as was reasonable and prudent in order to avoid the risk of harm to the public and Decedent DeWal
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