McBride v. BennettAnnotate this Case
Joey Bennett and Derek Folston, police officers working for the City of Norfolk, were responding to a domestic disturbance call in separate vehicles when Folston’s vehicle struck Donnell Worlsey, who was riding a bicycle. Worsley died as a result of injuries. Carolyn McBride, as administrator of Worsley’s estate, filed simple negligence claim against Bennett and Folston (together, Defendants), individually and as employees of the City. The trial court held that Defendants were entitled to sovereign immunity because they had exercised discretion in determining whether and how to respond to the dispatch. The Supreme Court affirmed, holding that, in exercising their judgment and discretion about the best means of effectuating a governmental function by embracing the requisite special risks, including operating their vehicles in an emergency manner involving speeds in excess of the speed limit, Defendants triggered the application of sovereign immunity.