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Aldredge v. Symbas

Defendants were not liable for the injuries an officer sustained when he fell into a drainage ditch on defendants' property while chasing a criminal suspect.

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While working at an off-duty security job, Atlanta police sergeant Jerald Aldredge heard a police radio transmission that individuals had just abandoned a stolen car at a nearby intersection. He was asked to abandon his off-duty job and help retrieve the stolen automobile. While en route, Aldredge saw a car run a red light and began following the car. The car drove into the front yard of Philip and Helen Shayne’s home, and the driver jumped out and began to run.

The driver ran through the Shaynes’ yard and onto the neighboring property owned by Nicholas Symbas, where he disappeared into a row of bushes and ivy. Aldredge abandoned his motorcycle and began running after the driver. When Aldredge approached the bushes, he stopped, allowed his eyes to adjust to the dark, drew his weapon, and proceeded into the dimly-lit wooded area between the Shaynes’ property and Symbas’ property. Although Aldredge concedes he could not see into the brush, he took one or two steps into the dark and fell into a seven-foot drainage ditch. Aldredge fractured his left wrist and his pelvis in the fall.

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