Georgia Verdicts

Amount:

$800,000

Type:

Settlement

State:

Georgia

Venue:

Clayton County

Court:

Clayton County, Superior Court

Injury Type(s):

Case Type:

Wrongful Death; Motor Vehicle – Passenger; Civil Rights – Police as Defendant

Case Name:

Rollie Austin-Powell, Individually and for the Estate of Dave Austin v. Clayton County and Lt W. Scott Stubbs,
No. 2008CV00853

Date:

April 10, 2014

Plaintiff(s):

Dave Austin (Male, 17 Years), 

Rollie Austin-Powell (Female)

Plaintiff Attorney(s):

Richard W. Hendrix;
Finch McCranie;
Atlanta,
GA,
for
Dave Austin, Rollie Austin-Powell

Defendant(s):

Clayton County, 

Lt. W. Scott Stubbs

Defense Attorney(s):

Jack R. Hancock;
Freeman Mathis & Gary LLP;
Morrow,
GA,
for
Clayton County, Lt. W. Scott Stubbs ■ Sun S. Choy;
Freeman Mathis & Gary LLP;
for
Clayton County, Lt. W. Scott Stubbs ■ Paul Hotchkiss;
Freeman Mathis & Gary LLP;
for
Clayton County, Lt. W. Scott Stubbs

On Feb. 26, 2007, Dave Austin, 17, and a friend got into a Honda Accord driven by Obi Bailey, 18, to go to a movie. Austin had not met Bailey prior to getting in the car. A few minutes later, Bailey was pulled over by Clayton County Police Lt. Scott Stubbs for driving without headlights. When Lt. Stubbs phoned in the vehicle information, he was advised that the vehicle had been reported stolen. He instructed the teens to get out of the vehicle, but Bailey sped away. Stubbs pursued the Honda for five miles at speeds of up to 80 mph. The eight-minute chase ended when Bailey lost control of the vehicle and struck a tree in a residential area. Bailey and Austin were pronounced dead at the scene. Statements obtained from the surviving passengers confirmed that none of the passengers were aware that Bailey had stolen the vehicle. All of the passengers were reportedly begging for Bailey to stop throughout the chase. Rollie Austin-Powell, individually and for the estate of Dave Austin, filed a wrongful death action against Clayton County and Lt. Stubbs. Plaintiff alleging that Stubbs’ inappropriate conduct during the chase proximately caused Austin’s death. Plaintiff further alleged that Stubbs had acted with reckless disregard for departmental procedures by chasing the fleeing car at high speeds through 19 intersections and into a residential area. Defense counsel filed a motion seeking summary judgment on multiple grounds, including sovereign immunity. Defendants argued that Georgia law protects police agencies from being sued by a "fleeing suspect" injured in a chase, which meant that the instant suit should be dismissed with prejudice. The motion was granted in part, following which plaintiff appealed. Plaintiff argued that immunity was waived by the county’s purchase of a $10 million liability insurance policy to cover all motor vehicles operated by county employees. Plaintiff’s counsel further argued that Austin was not a fleeing suspect, but rather an innocent passenger unable to escape the vehicle. The Court of Appeals agreed that immunity was waived and further found that, while Georgia law permits a police officer pursuing a suspect to "exercise certain driving privileges," the law did not permit such privileges to the extent that the officer would endanger the lives of those involved in the pursuit. The appellate court also found that Austin was nothing more than "an innocent passenger trapped in the vehicle driven by fleeing suspect Bailey." The case was remanded for trial, following which the parties agreed to settle.

Dave Austin sustained multiple catastrophic injuries as a result of the collision. He was pronounced dead at the scene.

The parties agreed to an $800,000 mediated settlement. The settlement was approved by the Clayton County the Board of Commissioners on April 10, 2014.

Judge:

Geranda V. Carter

This report is based on information obtained from court records and an article published by The Fulton County Daily Report. The attorneys did not respond to requests for comment.