Banks v. Patton

I concur in Division 1 but respectfully dissent with respect to Division 2 and conclude that summary judgment in favor of the police officer was not warranted.

The situation in this case is distinguishable from that in Logue v. Wright, 260 Ga. 206 (392 SE2d 235) (1990), both as to pleadings and evidence, and in fact Logue guides this case to a different outcome.

In Logue, the complaint was that defendant caused the collision “through negligent operation of his patrol car.” Id. at 206. The Supreme Court was careful to point out that “It is important to keep in mind that the immunity is for…