Giles ex rel. Giles v. Brown

¶ 31. The majority finds that this case should be affirmed. Respectfully, I must disagree and, therefore, dissent. I believe that this case should be remanded for a new trial and a proper determination of whether Brown acted in reckless disregard as he pursued the Gileses and a proper determination of whether Brown’s actions caused or contributed to the accident in question. I would also reverse and render that part of the circuit court’s opinion finding that Antonio and Roberto Giles were engaged in criminal activity.

¶ 32. During the trial of this case on remand, Brown called Jerry Barrett…