Cline v. Rabson

Opinion by

Judge CRISWELL.

Plaintiff, Clifford E. Cline, appeals from the summary judgment dismissing his claims against defendants, the City of Loveland, its police department, and Robert Rabson, one of its police officers. We reverse.

In his complaint, plaintiff joined Rabson only in his official capacity and alleged that plaintiff had suffered serious bodily inju-*2ríes as a result of the negligent acts of Rabson, who, while attempting to overtake a speeding vehicle in his police cruiser, passed plaintiff’s motorcycle so closely that the cruiser struck plaintiff’s elbow. Plaintiff alleged that…