Hanse v. Phillips

We granted Officer Sean Hanse’s application for discretionary review of the trial court’s order denying his motion for summary judgment. The issue on appeal is whether the trial court erred in not granting Hanse’s motion for summary judgment on the grounds of official immunity. Because we conclude that Hanse was entitled to immunity from suit, we reverse. In reviewing the denial of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City , 229 Ga. App. 160, 163 493 SE2d 540 1997. Further, this Court construes the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991; Moore v. Goldome Credit Corp. , 187 Ga. App. 594, 596 370 SE2d 843 1988.

This case arose after a high-speed chase that ended when the fleeing suspect, Tonialo Dennis, struck a car driven by Terron Phillips, killing him and injuring the three children who were passengers in the car. Shamonda Phillips and Aneisha Holland collectively Phillips sued Fulton County, Police Captain Hayes, Dennis, Lasonya Bellamy, the owner of the SUV that Dennis was driving, and Sean Hanse, the officer closest to Dennis when the accident occurred. The only remaining claims at the time of this appeal are those against Officer Hanse in his individual capacity.