Ezell v. Cockrell

OPINION

ANDERSON, Chief Justice.

The issue presented in this appeal is whether a police officer owes a duty of care to a third party injured by a drunk driver whom the police officer has failed to arrest.

Relying upon the public duty doctrine which shields public employees from such actions, the trial court dismissed the action for failure to state a claim upon which relief can be granted, and the Court of Appeals — in a split decision — affirmed the dismissal. We granted the plaintiffs application for permission to appeal, and now affirm the Court of Appeals’ judgment, because we conclude that…