Supreme Court hears arguments on police liability in car chases

ATLANTA - Lawyers for the city of Winder argued Tuesday that the Georgia Supreme Court would hurt police if it does not reject a lawsuit filed by the family of a 14-year-old girl who was killed while fleeing officers. <br> <br> Ashley McDougald&#39;s parents sued the city, claiming an officer violated police procedure by chasing their daughter for driving at night with her headlights off. After the state Court of Appeals allowed the lawsuit to move forward, the city appealed to the Supreme Court to stop the action. <br> <br> ``One of the things that keeps getting overlooked is all the young lady needs to do is pull over when she sees the blue lights,&#39;&#39; said Richard A. Carothers, an attorney for the city. <br> <br> In June of 1999, McDougald, who didn&#39;t have a driver&#39;s license, sneaked out of her home around 3 a.m. to go on a joyride in her parents&#39; car with her best friend. <br> <br> On their way home, she drove by a police officer, who noticed her headlights were off and turned on his blue lights and siren to stop the car. Instead of pulling over, McDougald accelerated, leading the officer on a 70-mph chase through downtown Winder. The car hit a utility pole, killing McDougald and injuring her friend. <br> <br> Ashley&#39;s parents sued the officer and the city. A Barrow Superior Court judge granted summary judgment to the officer but said the city could be liable for his negligence. <br> <br> The city appealed, and in a 5-2 decision, the Georgia Court of Appeals found last April that the officer involved in a high-speed pursuit in 1999 acted with ``reckless disregard for proper police procedure.&#39;&#39; The ruling allowed the McDougalds to proceed with their lawsuit against the city. <br> <br> In oral arguments to the Supreme Court&#39;s seven-member panel Tuesday, William M. Coolidge, another attorney for the city, argued that holding the city liable for Ashley&#39;s death would send the wrong message to other people who break the law. <br> <br> ``It would encourage flight,&#39;&#39; Coolidge said. ``It would not discourage the type of harm that comes with these types of police chases.&#39;&#39; <br> <br> But William S. Hardman, an attorney for the McDougald family, argued that tolerating the officer&#39;s disregard for police procedure would only cause more unnecessary deaths. <br> <br> The court did not say when it would rule.