Beringause v. Fogleman Truck Lines

In Beringause v. Fogleman Truck Lines, 200 Ga. App. 822, 824 (4) (409 S.E.2d 524) (1991), this Court held that it was error to have charged on assumption of the risk when an officer was involved in a head-on collision while he was traveling, with emergency lights flashing, as part of an official convoy that was exceeding the speed limit and straddling the road's median. The Court held that the officer would have to have been aware of the actual risk in order for assumption of the risk to apply: In order for [the officer] to have assumed the risk of being struck by [the] truck, there must be evidence that, after the truck had swerved into his lane of traffic, he had then made a conscious and voluntary decision to proceed and risk a head-on collision. Id. at 824 (4). Compare Norman v. Williams, 220 Ga. App. 367 (1) (469 S.E.2d 366) (1996).