Pile v. City of Brandenburg

Opinion of the Court by

Justice WINTERSHEIMER.

REVERSING

This appeal is from an opinion of the Court of Appeals affirming the summary judgment of the trial court for the city and a police officer in a wrongful death action.

The questions presented are whether the controlling decision in this case is Jones v. Lathram; whether the Court of Appeals erred in not considering discretionary acts as distinguished from ministerial acts; whether a special relationship is necessary for negligence claims of this nature; whether the officer was negligent per se; whether the active operating, controlling and…