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EZELL v. COCKRELL

902 S.W.2d 394 (1995)

Kimberly S. EZELL, Individually, and as surviving spouse of the deceased, Tarrence Ray Ezell, Plaintiff/Appellant, v. Joseph COCKRELL, Administrator, ad Litem of the Estate of James Gregory Hillis, Donna League Garrison Blankenship, William A. Adams, individually and in his official capacity as a police officer employed by the City of Elkton, Tennessee, City of Elkton, Giles County, Tennessee, John Wayne Tillery and wife, Sandy Tillery, d/b/a Boondocks' Saloon, and Ricky Joe Brooks, d/b/a Boondocks' Saloon, and John Doe, Defendants/Appellees.

Supreme Court of Tennessee, at Nashville.

June 5, 1995.

Attorney(s) appearing for the Case

Ben Boston, Christopher V. Sockwell, Boston, Bates & Holt, Lawrenceburg, for appellant.

Overton Thompson, III, Stephen H. Price, Farris, Warfield & Kanaday, Nashville, for appellees.

David L. Raybin, Hollins, Wagster & Yarbrough, P.C., Nashville, for amicus curiae, Fraternal Order of Police.

Robert H. Watson, John C. Duffy, Watson, Hollow & Reeves, Knoxville, for amicus curiae, Tenn. Municipal League.

Phillip A. Noblett, William Shelley Parker, Jr., Chattanooga, for amicus curiae, City of Chattanooga, Tenn.

J. Anthony Farmer, Lynn Bergwerk, Farmer & Bergwerk, Knoxville, for amicus curiae, Tenn. Trial Lawyers Ass'n.

OPINION

ANDERSON, Chief Justice.

The issue presented in this appeal is whether a police officer owes a duty of care to a third party injured by a drunk driver whom the police officer has failed to arrest.

Relying upon the public duty doctrine which shields public employees from such actions, the trial court dismissed the action for failure to state a claim upon which relief can be granted, and the Court of Appeals — in a split decision —...

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