Brooks v. Powers

The plaintiff, Bernadine Brooks, administratrix of the estate of Elsie White, appeals from the rendering of summary judgment against her on her claims that the defendants, Constables Robert Powers and Rhea Milardo, 1 were negligent in responding to a report that there was a woman, in a field near the ocean during a severe storm, who needed medical attention. No one attended to White, and the next morning her body washed up on the shore. The court held, as a matter of law, that the plaintiff's claims were barred by discretionary act immunity and that the imminent harm, identifiable victim…