Daley v. Kashmanian
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The Supreme Court reversed in part the judgment of the appellate court reversing in part the judgment of the trial court in favor of Plaintiff in this personal injury action against a police officer and his employer, holding that Defendants were not entitled to discretionary act immunity under the circumstances of this case.
Plaintiff was riding his motorcycle when Zachary Kashmanian, a police officer, began pursuing him. Kashmanian struck the back tire of Plaintiff's motorcycle, causing Plaintiff to crash and sustain serious injuries. Plaintiff asserted a common-law negligence claim against Kashmanian and the City and a common-law recklessness claim against Kashmanian. The court granted Kashmanian's motion for a directed verdict as to count two, and the jury returned a verdict for Plaintiff on the negligence count. The trial court then set aside the jury's verdict in favor of Plaintiff on the negligence claim, concluding that governmental immunity was applicable to Kashmanian's conduct. The court of appeals remanded for a directed verdict in favor of Kashmanian on the recklessness count. The Supreme Court reversed the portion of the appellate court's judgment insofar as that court upheld the trial court's motion to set aside the jury's verdict on the negligence complaint, holding that Kashmanian's operation of a "soft car" was a ministerial act for purposes of Defendants' governmental immunity.
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