Theurer v. Farrell

ELDRIDGE, J. The petitioners, Betty Jean Theurer and Donald Lee Theurer, are the parents of Daniel Lee Theurer who died on September 11, 1998, as a result of a motor vehicle accident allegedly caused by Daniel’s intoxication. At the time of his death, Daniel was unmarried and had no children. Prior to ⁶⁷ the accident, Daniel had been a volunteer participant in a Prince George’s County Police Department “Driving While Intoxicated training program” for police officers, during which program Daniel allegedly consumed a large quantity of alcoholic beverages. It was alleged that the alcoholic beverages, administered to Daniel by police officials as part of the program, rendered Daniel “helpless” and “unable to protect himself.” Betty Jean Theurer, as personal representative of Daniel’s estate, and Betty Jean Theurer and Donald Lee Theurer individually, instituted this wrongful death and survival action by filing, in the Circuit Court for Prince George’s County, a complaint against the Prince George’s County Chief of Police and several other officials of the Prince George’s County Police Department.

Counts one and two of the complaint related to the wrongful death claim, with count one asserting strict liability and count two asserting negligence. Counts three and four concerned the survival action, with count three sounding in strict liability and count four sounding in negligence. The defendants filed a motion to dismiss or for summary judgment, and, according to the docket entries and the parties, the Circuit Court dismissed counts one and three. 1 After considerable discovery, the defendants filed a motion for summary judgment on counts two and four, asserting public official immunity. The Circuit Court denied this motion, and the defendants immediately noted an appeal to the Court of Special Appeals.

After the filing of the notice of appeal, the