Recently, an appellate court issued a written opinion in a car accident case raising an important issue that comes up regularly in Maryland personal injury cases that are filed against a government agency or official. Specifically, the case presented the court with the opportunity to discuss whether a police officer’s actions were considered a discretionary act. Ultimately, the court determined that the officer’s actions were not covered under discretionary-act immunity, and permitted the plaintiff’s case to proceed against the city.
The Facts of the Case
The plaintiff was injured after his vehicle was struck by a police cruiser that was responding to an emergency call. According to the court’s recitation of the facts, the police cruiser made a left turn against a red traffic signal, colliding with the plaintiff’s vehicle. It was agreed that the officer would not have been able to see oncoming traffic as he approached the intersection, but it was disputed whether the officer’s lights and sirens were on at the time he entered the intersection.
The plaintiff subsequently brought a personal injury claim against the city that employed the officer, arguing that the city was vicariously liable for the officer’s negligent actions. The city successfully argued to the trial court that it was entitled to government immunity because the officer was engaged in a discretionary act that was within the scope of his employment at the time of the accident. The plaintiff appealed.