Statutory immunity does not protect police officers when there is a material factual dispute as to whether the officer operated his zone car in a wanton, willful or reckless manner.

A local police officer was driving his patrol car at a high rate of speed when responding to a call. According to the officer who was driving the patrol car, the overhead lights and sirens were activated. This information was controverted. While in pursuit, the patrol car collided with another vehicle. The driver of the other vehicle sued the officer and city for wanton and/or willful and reckless misconduct and negligent conduct. The officer and city filed a motion for summary judgment based on statutory immunity in personal injury cases. The court denied the motion, determining that, although the officer was responding to an emergency call, there were still genuine issues of material fact as to whether the officer operated the vehicle in a wanton, willful, or reckless manner. Such issues must be addressed before determining if the officer is entitled to immunity protection.

_{Case Law Alerts, 2^nd Quarter, April 2018}

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