Tant v. Purdue

The individual defendant was performing a discretionary act, when he concluded from his police investigation that the plaintiff drove recklessly and under the influence on the night he was involved in a fatal accident.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Cobb County investigated and brought charges against Grady Tant in connection with a car accident in which Tant was driving and Tant’s wife was killed. After the charges were dropped, Tant sued the County and the officer who had led the investigation. Tant appeals from a grant of summary judgment to the defendants. We affirm. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.

So viewed, the record shows that on March 21, 1999, Officers Purdue and Fisher of the Cobb County Police Department were called to the scene of an automobile accident. There, they saw Tant’s damaged Chevrolet Blazer in the right emergency lane with the dead body of Tant’s wife in its front passenger seat. Parked nearby in the same lane was a damaged pickup truck with what was later determined to be a faulty gas pump. The officers also noted numerous tire marks leading up to the apparent point of impact. The officers marked the tire marks with orange paint, and later returned to the scene to measure them for purposes of producing a scaled diagram. Purdue also spoke with Tant as he sat in the back of the ambulance, noting that Tant’s eyes were bloodshot and watery and that he smelled of alcohol. Purdue informed Tant that he would need to submit to the drug and alcohol screening required in fatality accidents. Tant later testified that he had drunk more than two glasses of wine at a dinner party before the accident. Tant’s Blazer also contained an open beer bottle.

Tant v. Purdue

The individual defendant was performing a discretionary act, when he concluded from his police investigation that the plaintiff drove recklessly and under the influence on the night he was involved in a fatal accident.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report