Gaither v. Metropolitan Atlanta Rapid Transit Authority

Beasley, Judge.

Georgia State University Police Officer Gaither and his wife appeal from the grant of summary judgment to Metropolitan Atlanta Rapid Transit Authority (MARTA) and its bus driver Parker. Their negligence suit was based on the officer’s being struck by the bus while he was directing traffic on Gilmer Street in the environs of the university.

In a previous decision, this Court held that the fireman’s rule applied to police officers and precluded recovery for negligence from co-defendant Martin, driver of the car being directed by Gaither at the time he was struck. Upon remand,…