 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Winegar v. Greenfield Polce Department3/27/2002
Plaintiff-Appellant Helena Winegar, in her capacity as administrator of the estate of Benjamin J. Shiltz, appeals the judgment of the Highland County Court of Common Pleas, which granted the motion for summary judgment of Defendants-Appellees Greenfield Police Department and Officer Gary Schraw, finding that both were sheltered by statutory immunity. Appellant argues in her appeal that the trial court erred when it granted summary judgment in favor of appellees because genuine issues of material fact exist as to whether appellees are immune from liability pursuant to R.C. 2744.02 and 2744.03. We affirm the trial court's judgment in regard to Appellee Greenfield Police Department, reverse the trial court's judgment as to Appellee Officer Gary Schraw, and remand the case to the trial court for further proceedings not inconsistent with this opinion.
STATEMENT OF THE CASE AND FACTS
On January 17, 1997, Helena Winegar, the mother of Benjamin Shiltz and administrator of his estate, filed a complaint in the Highland County Court of Common Pleas against Appellee Greenfield Police Department and one of its officers, Appellee Officer Gary Schraw. Appellant's complaint set forth claims for the wrongful death of her son and claims pursuant to Section 1983, Title 42, U.S.Code. Her suit alleged that appellees failed to prevent, and were a proximate cause of, the death of her son by failing to remove a drunk driver from the public roadways, when presented with the opportunity to do so.
On April 5, 1996, at approximately 4:55 p.m., while driving his Ford Mustang, James R. Fillmore lost control of his vehicle, causing a single-car accident which resulted in physical injury to Floyd Simmons and the death of Benjamin Shiltz, both of whom were passengers in the car.
Approximately an hour prior to the accident, at 3:30 p.m., Appellee Schraw had stopped Fillmore for squealing his tires . In his deposition, Officer Schraw testified that on the day in question he was working the 8:00 a.m. to 4:00 p.m. shift. At approximately 3:30 p.m., the officer was attempting to unlock someone's vehicle for them in downtown Greenfield, when he heard squealing tires. He turned toward the noise and noticed a black Ford Mustang lurch forward. Officer Schraw then approached the vehicle, which was stopped in traffic at a traffic light. He motioned for the driver of the Mustang to pull over, and the driver complied, legally parking the vehicle on the side of the street.
Officer Schraw testified that, after motioning the vehicle to stop, he approached the car and informed Fillmore why he had stopped him. Fillmore admitted to having squealed his tires , but said his foot had just slipped off the clutch, which he had recently replaced. The officer proceeded to ask Fillmore for his license and proof of insurance. Fillmore handed him his driver's license and informed the officer that his proof of insurance was at home.
During this time, the officer was leaning toward the vehicle, with his head near the driver-side window. The officer noticed an unopened bottle of beer on the floor of the vehicle behind the driver's seat, but noticed no unusual smells or odors of alcohol or smoke emanating from the vehicle or from the individuals situated therein.
A check by Officer Schraw revealed that Fillmore's driver's license was suspended due to lack of insurance, whereupon Officer Schraw returned to the vehicle and asked Fillmore to join him in the cruiser. While Fillmore was in the cruiser, Officer Schraw noticed a faint odor of alcohol on Fillmore. However, the officer testified in his deposition that he needed more than the faint smell of alcohol in order to conduct a field-sobriet
Page 1 2 3 4 5 6 7 8 9 10 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|