State Appeals Court Upholds Ruling In Algood Police Case

The State Court of Appeals has denied an appeal in a case involving the City of Algood, a city police officer and a man involved in a Dekalb County auto accident.

The court ruling Tuesday upheld the trial court decision that James Cryer was at least 50 percent responsible for the accident which occurred in May, 2017. Officer Christopher Ferguson admitted he was speeding when he hit Cryer’s car. But Cryer pulled in front of the officer, attempting a turn across traffic along US 70. Both Cryer and his wife, a passenger in the car, suffered injuries.

Cryer filed suit against the city of Algood in May, 2018 alleging Ferguson was travelling at “an excessive and dangerous rate of speed.” The suit also alleged Ferguson had a history of car accidents while driving a police vehicle. The suit said the city was aware of Ferguson’s history at his time of hire. Cryer sought compensatory and punitive damages.

The suit went to trial last June. At the end of the trial, the court court granted Algood’s motion to dismiss the case. Cryer appealed.

“The trial court ruled that no reasonable trier of fact could conclude Mr. Cryer was less than 50 percent responsible for the accident and that Mr. Cryer’s claims were therefore barred,” Judge Amy Hollars wrote in the decision. “Mr. Cryer appeals. Discerning no error, we affirm.”