Above-Limits Settlement in Pedestrian Collision

Our firm recently obtained an settlement above the insurance limits for a pedestrian who was violently struck by a motorcycle while lawfully crossing the street in a marked crosswalk during a funeral procession.  The case involved complex questions of official immunity and statutory interpretation.  After defeating a motion for summary judgment, the case ultimately resolved for an amount that exceeded the available insurance policy limits. 

Facts of the collision

On the morning of December 18, 2022, our client was walking through a residential area near Emory University.  She stopped at a crosswalk and waited.  Eventually, a car stopped to allow her to cross, she entered a marked crosswalk, and she crossed at least halfway through the roadway.  At that point, she was struck by a motorcycle traveling at approximately 40 miles per hour in a 30-mile-per-hour zone.

The motorcyclist crossed the double yellow centerline, passed the vehicle that had stopped to let our client cross, and entered the intersection without slowing.  He did this despite multiple visual warnings, including pedestrian signage and a flashing yellow caution light.  The impact threw our client more than ten feet.  She lost consciousness and suffered serious orthopedic injuries.

The Defendant’s Attempt to Avoid Responsibility

Rather than accept responsibility, the defendant denied fault and claimed immunity from suit.  Although he had retired from the Atlanta Police Department several years earlier, he argued that he was entitled to official immunity under Georgia’s funeral procession statute because he was escorting a procession at the time of the collision.

The defense filed a motion for summary judgment arguing that:

• The defendant qualified as a “law enforcement officer” under O.C.G.A. § 40-6-76(h).
• Escorting a funeral procession was inherently a discretionary police function.
• The defendant therefore could not be sued for negligence as a matter of law.

If accepted, this argument would have barred the injured pedestrian from any recovery – despite clear evidence of speeding, illegal passing, and right-of-way violations.

Our Firm’s Legal Strategy

We opposed the motion aggressively, focusing on the plain language of the statute and undisputed facts. The evidence showed that:

• The defendant had retired years earlier and was not employed by any law-enforcement agency at the time of the crash.
• He was working for a private, for-profit escort company, not a government entity.
• He was outside the City of Atlanta and not covered by municipal insurance or indemnification.
• His defense was being provided by a private automobile insurer, not the City.
• The statute at issue applies only to law enforcement officers, not retired officers or private contractors.

We further demonstrated that even if immunity could theoretically apply, a jury would still have to decide whether the defendant was performing a discretionary police function or merely driving from one location to another.

The Court’s Ruling

After full briefing and oral argument, the trial court denied the defendant’s motion for summary judgment.

The Court held that:

• The funeral-procession immunity statute must be strictly construed.
• The General Assembly did not extend immunity to retired officers in this statute.
• Material factual disputes existed as to whether the defendant was acting as a law-enforcement officer or as a private civilian at the time of the collision.

As a result, the case proceeded toward trial with the defendant facing full personal liability.

Case Resolution

Following the Court’s ruling and continued litigation, the case resolved for an amount exceeding the available insurance limits because the defendant’s insurer did not accept our client’s original offer to settle for the policy limits. 

Our firm is committed to holding negligent parties responsible, especially when vulnerable pedestrians are injured and defendants attempt to evade liability.

If you or a loved one has been injured in a pedestrian or motor-vehicle collision, our attorneys are prepared to evaluate the facts, challenge immunity defenses, and pursue full justice under Georgia law.

Matt Kahn

Matt Kahn is an Atlanta personal injury lawyer and a partner at the law firm Butler Kahn. Matt has dedicated his career to fighting for individuals and families who had been harmed by the negligence of others. At Butler Kahn, he has had the honor of helping families who have lost children in motor vehicle accidents and people who were critically injured. He helped a family secure a $45 million settlement to provide lifetime care for their son, who was critically injured in a motorcycle accident. Matt is a graduate of Emory University School of Law and has been recognized as a Super Lawyers’ Rising Star and by Best Lawyers as One to Watch. He has received an Avvo 10.0 Top Attorney rating. Connect with me on LinkedIn