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At 11:30 p.m. Sergeant Reynolds of the Tristan City Police stopped Sherwin for speeding on a major city thoroughfare. Sherwin appeared to Reynolds to be intoxicated but Sherwin passed all the normal field sobriety tests. In spite of this, Reynolds insisted that Sherwin let his passenger, Tony, drive the vehicle. Reynolds did not ask Tony to take any sobriety tests nor did he take any steps to ensure Tony was a licensed driver. After issuing the speeding ticket to Sherwin, Reynolds permitted the couple to depart, with Tony at the wheel.
Approximately 10 minutes later, the vehicle driven by Tony crossed the centerline of the highway and smashed head on into the Honda Accord driven by Miranda. Both Miranda and Tony were killed in the collision. Blood alcohol tests taken after the accident showed Sherwin’s’ blood alcohol level was .05, within legal limits, while Tony’s blood alcohol level was .15, presumptively intoxicated in that jurisdiction. Moreover, Tony’s driver’s license had been suspended for a drunken driving conviction.
If Miranda’s heirs sue Sergeant Reynolds and the Tristan Police Department, and sovereign immunity does not apply, what is the probable outcome?
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What duty does Sergeant Reynolds have? Did he breach this duty? If so, did that breach proximately cause the injury?
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