William Green and Frances Clayton v. James Book Reviews

William Green and Frances Clayton v. James by Supreme Court of New Hampshire Book Summary

This is a tragic and troubling case. On Sunday evening, March 4, 1979, police were called to an apartment building at 3821 Bell, Kansas City, because the occupant of one apartment, Charles Garrett, had appeared at the door of Ethel Santos apartment, flourishing a rifle and making threats. The police exchanged shots with Garrett, who had returned to his apartment. The bullet from Garretts rifle shattered the glass in a "security door" providing access to the hallway, totally blinding plaintiff William Green, a guest in the Santos apartment, who had called the police. A blast from the shotgun of officer James Denison, one of the defendants, killed Garrett and wounded plaintiff Frances Clayton, his companion, depriving her of the effective use of her right arm. Green and Clayton sued Denison, Sergeant Daniel Dawson, and officer Roderick Divilbiss, all of the Kansas City, Missouri police department. At a trial in August of 1985 the jury returned substantial verdicts in favor of both plaintiffs on a submission of ordinary negligence, assessing a percentage of fault against each. The trial court sustained the defendants motions for judgment notwithstanding the verdicts and entered judgment for the defendants. The court of appeals reversed, directing judgment on the verdicts. We granted transfer because of the important questions about liability of police officers for acts in the line of duty. We now affirm the judgment of the circuit court, concluding that the defendant officers are not liable on an ordinary care standard under the facts of this record.

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