Holcomb v. Walden

In Holcomb v. Walden, 270 Ga. App. 730, 732 (607 SE2d 893) (2004), a deputy sheriff had an encounter with a driver with a suspended license, but allowed him to drive away. Id. at 731. Thereafter, the driver caused an accident that seriously injured the plaintiff and killed her husband. Id. at 730. The Court affirmed the trial court's order granting summary judgment for the defendants, holding that the deputy owed no special duty to the plaintiff or her decedent. Id. at 732-733. The plaintiff in Holcomb asserted that his case fell under the situation contemplated by the Supreme Court in City of Rome v. Jordan Id. at 732. The Court rejected that argument, holding that the footnote merely contemplated a situation "where a police officer is present at the scene of a crime about to be perpetrated against the citizen (who at that point is an identifiable victim) and the officer fails to act to protect the citizen despite his ability to do so." Id. at 732.