Dee Ex Rel. McDonald v. Pomeroy

This is a personal injury case in which a police chase resulted in injury to plaintiffs, who were passengers in the pursued vehicle. Plaintiffs appeal from a directed verdict for defendants. We reverse.

The evidence, viewed in the light most favorable to plaintiffs, is that, at 10:50 p.m. on September 6,1986, Gear-hart police officer Kitto and State Trooper Shawver saw two vehicles “of the sort usually driven by teenagers,” speeding on Highway 101. Shawver pulled onto the highway and pursued the cars. He reached a top speed of 75 mph, but did not gain ground on them. Kitto also gave chase.…