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Fisher v. Miami-Dade County9/9/2004
ng interests, see Robinson v. City of Detroit, 462 Mich. 439, 613 N.W.2d 307 (2000), I agree with the conclusion that the line of duty should be drawn on the other side of a voluntary passenger. Accord Fawcett v. Adreon, 2001 WL 950159 (Tenn.Ct.App.2001); Parish v. Hill, 350 N.C. 231, 513 S.E.2d 547 (1999). Applying that principle to this case, in which the deceased passenger was apparently on a mutual personal excursion involving alcohol with the driver, see Loftin v. Bryan, 63 So.2d 310 (Fla.1953), results in affirmance. [FN1]
FN1. Not to draw the line too fine, however, I point out the real possibility of a different result if it is shown, even after the accident and unknown to the officer, that a child or un willing, perhaps kidnapped adult, has been present. Cf. Robinson v. City of Detroit, 462 Mich. at 439, 613 N.W.2d at 307 (extending duty to innocent passenger, but placing burden on passenger to establish innocence).
Query: Whether the fleeing driver is a proper, Fabre defendant in an action by such a passenger or in an innocent bystander case such as City of Pinellas Park v. Brown, 604 So.2d 1222 (Fla.1992).
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