ASHBURN v. ANNE ARUNDEL COUNTY

No. 10, September Term, 1985.

306 Md. 617 (1986)

510 A.2d 1078

WILLIAM F. ASHBURN II v. ANNE ARUNDEL COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

July 10, 1986.


Attorney(s) appearing for the Case

Leonard A. Orman, Baltimore, for appellant.

Karen A. Murphy Jensen, Asst. County Sol. (Stephen R. Beard, County Sol. and Robert C. Wilcox, Deputy County Sol., on brief), Annapolis, for appellee.

Before SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and JAMES C. MORTON, Jr., (Retired, Specially Assigned), JJ.


COLE, Judge.

In this case, we must determine whether a police officer may be held liable to a person injured by a drunk driver where the officer detected the driver's condition before the accident but failed to stop and detain him.

The parties have agreed to the following facts. On February 18, 1983, Officer Dennis Freeberger of the Anne Arundel County Police Department found John J. Millham in a pickup truck on the parking lot of a 7-11 store. Millham was...

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