State Ex Rel. Oklahoma Department of Public Safety v. Gurich

REIF, J.,

with whom TAYLOR, V.C.J. and HARGRAVE, J., join, dissenting.

T1 The majority opinion holds that law enforcement officers and their government entity employers can be liable to third parties for harm caused by drivers who are fleeing apprehension by the officers. The majority finds support for such liability in the statute governing the operation of emer-geney vehicles when in pursuit of an actual or suspected violator-47 O.S. Supp.2004 § 11-106. The majority points out that the statute expressly provides that its "provisions [do not] protect the driver of an emer-geney vehicle from…