James R. Penny v. City of Winterset and Christian Dekker

Summary

The court held that a police officer responding to an emergency call did not act recklessly when he slowed before proceeding through an intersection, looked in both directions, and reasonably believed the path was clear. Although the officer may have been negligent in failing to recognize the plaintiff's approaching vehicle, the evidence did not show an intentional disregard of a known or obvious risk so great that harm was highly probable. The court therefore vacated the court of appeals decision and affirmed summary judgment for the officer and the city.