AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
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Negligence: Vehicle Related
See also: Pursuits - Law Enforcement
The plaintiff sued for injuries
suffered when a Texas state trooper collided with him while running a red light
while pursuing a reckless driver. The state Department of Public Safety argued
that a damage claim should be rejected based both on the trooper's official
immunity and the emergency response exception to the state Tort Claims Act's
waiver of sovereign immunity. The Texas Supreme Court overturned the lower
courts' rejections of these arguments. The need to establish the "good
faith" of the trooper was not equivalent to a general negligence standard,
but rather protected all but the plainly incompetent. Texas Dep’t of Pub.
Safety v. Bonilla, #14-0694, 2015 Tex. Lexis 1085.
A police sergeant
ending his shift drove home in his squad car, going at a high rate of speed and
with his lights flashing. After he ran a red light, he hit a motorist's car,
killing the driver and seriously injuring a passenger. The surviving passenger
and her parents filed a federal civil rights lawsuit against the sergeant
seeking damages. A trial court rejected his motion seeking qualified immunity.
A federal appeals court upheld this result. "We've encountered plenty
of cases involving officers responding to emergency calls who unintentionally
cause traffic accidents," the appeals court stated. "But we haven't
encountered many cases involving deadly traffic accidents with officers
speeding on their own business — presumably (hopefully) because such things
happen rarely. Even so, the Supreme Court and this court have both spoken
unmistakably to this situation." When a private person suffers a serious
physical injury due to a police officer's intentional misuse of his vehicle, a
viable due process claim can arise. Browder v. City of Albuquerque, #14-2048,
787 F.3d 1076 (10th Cir. 2015).
A jury returned a $280,500 verdict for the daughter of a man
struck and killed by a county sheriff's car driven by a deputy at a time when
the decedent was standing near his own car following a highway accident. The
judgment attributed 14 percent of the fault to the decedent, however, because
of his marijuana use at the time, reducing the award accordingly. An
intermediate California appeals court ruled that the evidence of marijuana use
should not have been admitted as there was no showing that it in any way
contributed to causing the accident, and its admission was prejudicial. A new
trial was therefore ordered. Hernandez v. County of Los Angeles, #B243294, 2014
Cal. App. Lexis 525.
In a lawsuit for wrongful death arising out of a
collision between a police squad car and a minivan, the trial court erred in
admitting into evidence a line of site video produced by the defense during an
experiment. The defendant officer did not show that the essential conditions
concerning the driver's line of site at the time of the accident were
substantially similar to the conditions that were present when the experiment
was conducted. The admission of the tape prejudiced the plaintiffs and a
limiting instruction given by the court was inadequate to inform the jury that
the limited purpose of the video only related to line of site as the basis for
the opinion of an expert witness testifying for the defense. Lorenz v. Dayton,
2014 IL App.(3d) 130137, 2014 Ill. App. Lexis 55.
The trial court properly awarded $250,000 in
damages as well as attorneys' fees and costs to the surviving family of a male
motorist who died after his vehicle collided with a police car. The officer was
traveling in excess of the speed limit and did not have his lights or siren
activated as he entered the intersection. The trial judge did not abuse its
discretion by excluding evidence of the decedent's consumption of alcohol
before the collision as there was no evidence that he was intoxicated nor did
the defendants offer expert testimony as to what the effect on his driving
would have been from the amount of alcohol he consumed. Further proceedings
were ordered though on the calculation of the attorneys' fees, including
whether the fees charged for paralegals and office staff were reasonable. Las
Vegas Metro. Police Dep't v. Yeghiazarian, #59382, 2013 Nev. Lexis 96.
A
California officer's action in opening his or her door prior to exiting a
patrol vehicle and making contact with a driver during a traffic stop puts them
in "immediate pursuit of an actual or suspected violator of the law"
for purposes of statutory immunity. An officer therefore could not bew held
liable for a motorcyclist injury when the door was opened in their path. Moreno
v. Quemuel, #B241998, 2013 Cal. App. Lexis 738.
A deputy pursued a motorcycle he observed
speeding after it failed to stop when he asked it to. Ultimately, the pursued
motorcycle crashed and the deputy found it off the pavement. The motorcyclist
died from injuries suffered in the accident. Upholding summary judgment for the
deputy and the county, the court found no evidence to support the argument that
the deputy's actions caused the motorcyclist to lose control of his vehicle.
There was nothing to show that the deputy's vehicle was anywhere near the
motorcycle at the time of the accident. Nor was there any evidence of a
physical crash between the motorcycle and the deputy's vehicle. A
reconstruction of the accident also seemed to support the conclusion that speed
did not cause the crash. Estate of Smith v. Cumberland County, #12-10, 2013 ME
13, 2013 Me. Lexis 13.
Two police vehicles sped towards the scene of a
911 call concerning a domestic disturbance. The officer in the lead car stopped
his vehicle, and told two men walking along the road a distance from the house
to stay put. After they complied, the second police car came along, and hit the
rear end of the first, then hit and injured one of the men. The officer who hit
the man with his vehicle did not violate his civil rights, as he did not do so
intentionally. The first officer properly asked the men to stop, as he could
reasonably have suspected that one of them was the reported ex-boyfriend who
had allegedly just "trashed" a woman's porch. Both officers were
entitled to qualified immunity on the injured pedestrian's claims. Eldredge v.
Town of Falmouth, #11-1151, 2011 U.S. App. Lexis 23329 (1st Cir.).
A road patrol deputy in New York was responding
to a radio dispatch concerning a stolen vehicle when he received a second
dispatch about a burglary alarm, which he determined was more important to
respond to first. He was unable to stop before rear ending a vehicle in front
of him when traffic slowed down. He did not have his emergency lights or siren
activated. The injured motorist sued for damages. The deputy claimed that a
state law applied, making him liable only if he acted with "reckless
disregard for the safety of others." The highest court in New York held
that this standard only applies when the driver of an emergency vehicle is
engaged in specific conduct exempted from the ordinary rules of the road, such
as speeding, running a red light, or violating other specified traffic laws
while responding to an emergency. Any other conduct by the driver causing an
injury is governed by the principles of ordinary negligence, which the court
ruled applied in this case. Kabir v. County of Monroe, #28, 2011 N.Y. Lexis 156
An Indiana intermediate appeals court upheld a
jury's award of $750,000 in damages to a motorist injured in a collision with a
police vehicle at an intersection. At trial, it was disputed which of the
vehicles had the red light, and whether or not the police vehicle had its
emergency lights and siren activated. The appeals court rejected arguments that
the award was excessive in light of the motorist's injuries of a broken rib, a
lung contusion, and a broken shoulder blade. Under a state statute, however,
the motorist's recovery was limited to $500,000, and the parties agreed that
the plaintiff would not recover more than that amount. Rice v. Osborne,
#45A03-0910-CV-463, 2010 Ind. App. Unpub. Lexis 1239.
The City of New York and one of its officers were not
liable for the death of a man struck and killed by the officer's vehicle while
he was responding to a radio call of an officer in need of assistance. There
was no evidence that the officer acted in reckless disregard for the safety of
others, as he activated his vehicle's emergency lights and siren and was
passing through an intersection where he had a green light before striking the
decedent. The failure to see the decedent before striking him could not be described
as reckless. Perez v. City of New York, # 4127, 2011 N.Y. App. Div. Lexis 433
(1st. Dept.).
A federal appeals court, in an Oregon state law
lawsuit over the death of a woman struck and killed by a police cruiser as she
walked across a highway, has certified some questions to the Supreme Court of
Oregon for an interpretation of state law: "1) is plaintiff's negligence
action constitutionally protected under the Oregon constitution's remedy
clause, Or. Const. art. I, section 10, irrespective of the jury’s finding of
comparative negligence? To what extent, if any, do the common law defenses to
contributory negligence of last clear chance, the emergency doctrine, and gross
negligence effect this determination? 2) If plaintiff's action is protected, is
$200,000 an unconstitutional emasculated remedy despite the jury’s finding of
comparative negligence? To what extent, if any, do the common law defenses to
contributory negligence of last clear chance, the emergency doctrine, and gross
negligence effect this determination?" Howell v. Boyle, #09-36153, 2011
U.S. App. Lexis 756 (9th Cir.). Editor's note: In this case, at trial,
the jury found that both the officer and the woman were negligent, and that
each was 50% responsible for the accident. The trial judge reduced the jury's
verdict under Oregon's comparative negligence law to $507,500, after which the
officer and city asked the court to cap the damages at $200,000 under a state
tort claims law, but the trial court ruled that the cap was unconstitutional under
a provision of the Oregon state constitution guaranteeing remedies for harm,
and declined to reduce the damages further. The Supreme Court of Oregon's
answer to the certified questions, which will be reported on in this
publication later when rendered, will determine whether this result is upheld.
The federal government was not liable under
the Federal Tort Claims Act for the actions of a U.S. Special Agent who became
involved in an auto accident during a car chase with a motorcycle rider. He did
not act within the scope of his employment and acted as a private person while
driving home from work in an unmarked government vehicle when he became
involved in the dispute with the motorcyclist. Merlonghi v. U.S., #09-2387, 620
F.3d 50 (1st Cir.2010).
A deputy was driving his patrol vehicle on a rural
road while on duty at night. He lost control of his vehicle, crossed the center
line, and smashed head-on into an oncoming vehicle driven by a female motorist,
who died of her injuries. He was traveling at 88 miles per hour at the time,
well in excess of the speed limit, and did not have his emergency lights or
sirens activated. He subsequently claimed that he was responding to a dispatch
call about a vehicle fleeing the scene of a suspected armed robbery. The
plaintiff in a lawsuit against the county based on the death of the motorist
argued that it was "unlikely" that he was, in fact, responding to
that call, because the robbers were far away and outside of his patrol area,
and other officers were closer. The federal appeals court rejected any federal
civil rights claim based on the accident, since the officer's actions, even if
negligent, did not violate any constitutional right. The lawsuit also included
state law negligence claims, but they were not addressed in the appeal.
Barnwell v. Douglas County, #09-14574, 2010 U.S. App. Lexis 15892 (Unpub. 11th
Cir.).
An officer and the city that employed him were
both entitled to immunity under Ohio law in a lawsuit seeking damages by a
motorist whose car the officer collided with, causing her serious injuries. At
the time of the accident, the officer was engaged in responding to an
emergency, an accident, and he clearly slowed down as he entered the
intersection, and warned other motorists by activating his sirens and overhead
lights, as well as checking the intersection for traffic. Under the
circumstances, there was insufficient evidence to show that he acted willfully
and wantonly, as required to impose liability in the face of the immunity
statutes. Browning v. City of Fostoria, #13-09-28, 2010 Ohio App. Lexis 1771
(3rd Dist.).
A suspect left unrestrained in a running police
vehicle jumped in the driver's seat and drove away. Occupants of another car
were subsequently injured when their vehicle was struck by another police car
pursuing the suspect. A jury awarded $4,052,572 and $159,069 to the two injured
plaintiffs on claims against the city, after the trial court directed a verdict
for the defendant officer on a claim that he acted in a willful and wanton
manner by failing to turn off the engine, remove the car keys, restrain the
suspect, or place the suspect in a vehicle with a protective divider or lock or
secure the vehicle's rear door. The city was held, on appeal, to be entitled to
sovereign immunity under a statute immunizing municipalities for failure to
provide adequate police protection or service or failure to prevent a crime, as
well as for injuries resulting from the actions of an escaped prisoner.
The city could not be liable for the result of the officer's actions
where the officer was not liable. As for claims relating to the conduct of
other officers in pursuing the suspect, a section of the statute providing an
exception to immunity for willful and wanton misconduct applies to municipal
employees, and not to municipalities themselves, and the city was the only
remaining defendant. Ries v. City of Chicago, #1-07-3085, 2009 Ill. App. Lexis
1177 (1st Dist.).
A jury found an officer liable to two motorists
both injured in a traffic accident that occurred while he was responding to an
emergency call. The jury instructions made it clear that the officer was to be
judged on a different standard than other drivers involved in the incident, and
the officer failed to preserve for appeal his argument that the trial judge did
not properly charge the jury on the question of how to consider police
department rules. The judgments against the officer were upheld, but the trial
court's award to one of the motorists of costs for expert witnesses was
reversed. Alvarado v. Dillon, #504825, 2009 N.Y. App. Div. Lexis 8367 (3rd
Dept.).
While it was "surely negligent" for a deputy
to speed through a yellow light while responding to a non-emergency call (which
still required a swift response), the family of a man killed when his vehicle
was struck by the deputy's car did not show what was needed to impose liability
for violation of federal civil rights. There was no indication that the deputy
had any intent to harm the decedent, as required to show a substantive due
process violation. Further, even under a less strict deliberate indifference
standard, there was no showing that the deputy acted with conscious deliberate
disregard to a risk of serious harm to the struck motorist. Green v. Post,
#08-1122, 2009 U.S. App. Lexis 17736 (10th Cir.).
A police officer responding to a disabled car cut in
front of a motorist's vehicle in rush hour traffic on an expressway. While the
motorist had time to stop her vehicle and avoid colliding with the police car,
another vehicle struck the rear of her car. An appeals court upheld a jury
verdict finding the officer 50% at fault for the accident and finding that the
officer drove in reckless disregard for other's safety. The court stated that
the officer came to an extremely abrupt virtual stop in front of the plaintiff
motorist's vehicle, without any warning, and in 40 mile per hour rush hour
traffic, doing so just seconds before the collision occurred. Tutrani v. County
of Suffolk, #2006-04840, 2009 N.Y. App. Div. Lexis 3633 (A.D. 2nd Dept.).
A passenger in a vehicle claimed that he was
injured when a parole officer turned in front of the vehicle in which he was
riding and collided with it. The officer allegedly failed to use a turn signal,
horn or warning lights or siren before turning. At the time, the officer was
pursuing a parole absconder and trying to cross southbound lanes and turn into
a parking lot to reverse direction and pursue a vehicle meeting the description
of the suspect's vehicle. Because the officer's car was a police vehicle
involved in an emergency operation under New York state law, the court found
that his failure to signal or sound his horn before turning was not reckless
disregard or conscious indifference, the type of conduct required to impose
liability on the driver of an emergency vehicle. Summary judgment was granted
to the defendant state. Rusho v. New York, #112572, 2009 N.Y. Misc. Lexis 1018
(Ct. of Claims).
A police officer was negligent, but did not act
willfully and wantonly when he pulled back onto a highway to investigate the
presence of a vehicle with hazards lights on in a breakdown lane, and collided
with the back of the vehicle. The officer was responding to an emergency
within the meaning of an Ohio state statute, and therefore was entitled to
immunity from liability for the resulting damages. Longley v. Thailing, #91661,
2009 Ohio App. Lexis 1062 (8th Dist.).
In a lawsuit concerning an accident between a
motorist and a police vehicle, the fact that the motorist was convicted in
traffic court of violating a law on operation of vehicles on the approach of an
emergency vehicle, and ruled that the officer's sirens and lights were
operating at the time of the collision (and that the officer was acting with
reasonable care) did not bar the motorist from pursuing her claims. Traffic
convictions, under New York state law, do not have a preclusive effect in later
civil lawsuits. The plaintiff was entitled to an adverse inference based on
spoliation of evidence based on the fact that the officer's vehicle was towed
by the police to a remote storage area where it was vandalized, with its lights
and siren removed, making it impossible for the plaintiff's expert to conduct
an examination concerning its condition following the accident. Marotta v. Hoy,
#504466, 2008 N.Y. App. Div. Lexis 8102 (A.D. 3rd Dept.).
Passengers injured when the car in which they
were riding was struck by a police vehicle could not recover damages from the
city and police department when the officers operating the vehicle was engaged,
at the time of the accident, in an emergency operation, and their actions did
not constitute reckless disregard for the safety of others. Meade v. Chestnut,
Index No. 11913/02, 2007-03778, 2008 N.Y. App. Div. Lexis 6299 (A.D. 2nd
Dept.).
A trial judge improperly instructed a jury to
consider a state law providing an exemption from liability for vehicles
responding to emergency calls in a lawsuit for damages suffered by two persons
injured in a traffic accident with a police vehicle. At the time of the
accident, the police vehicle was responding to a type of non-emergency radio
call that required that he obey all traffic rules, including the posted speed
limit. The jury returned a verdict finding that the officer was not negligent
based on this erroneous instruction, when all evidence presented demonstrated
that the officer was exceeding the speed limit at the time of the accident. The
trial court also erroneously excluded the admission of deposition testimony of
a civilian witness who supported the argument by the plaintiff that the police
vehicle's overhead lights were off at the time of the collision. That
deposition was admissible under California law because the witness lived over
150 miles from the courthouse. The judgment below was reversed. Monroy v. City
of Los Angeles, No. B196916, 2008 Cal. App. Lexis 948 (2nd Dist.).
A New York jury found that an officer's reckless
conduct and another motorist's negligence were each a substantial factor in
causing the motorist's injuries when her vehicle was rear ended by a third
motorist after she slammed on her brakes to avoid hitting the officer's vehicle
directly in front of her, which had suddenly come to a near stop on the busy
highway. The jury apportioned fault, finding the officer and the injured
motorist each 50% at fault for her injuries. An intermediate New York appellate
court overturned an award to the plaintiff, ruling that the officer's conduct
did not proximately cause the plaintiff's injuries. Reversing, the highest
court in New York found that a jury could reasonably have found, on the basis
of the evidence in the record, that the officer's conduct substantially caused
the collision, even though there wasn't any physical contact between the
plaintiff's car and the officer's vehicle. Further proceedings were ordered on
other issues raised but not previously decided in the appeals court below.
Tutrani v. County of Suffolk, No. 100, 2008 N.Y. Lexis 1489.
A police officer driving at high speed without
emergency lights or sirens was responding to an emergency even though the other
officer who requested his assistance did not say that he or others were in
immediate danger. A motorist who was injured in a collision with the
officer's vehicle had not been deprived of an ability to yield the right of way
by the officer's actions. The officer did not act for a malicious purpose or in
a wanton or reckless manner, so he was entitled to qualified immunity from
liability under Ohio state law. VanDyke v. City of Columbus, No. 07AP-0918,
2008 Ohio App. Lexis 2221 (Ohio App. 10th Dist.).
A deputy whose vehicle collided with another was
engaged in an emergency operation at the time, based on his pursuit of a
speeding vehicle, and his actions, which included activating his emergency
lights, pulling over to the shoulder of the road, and initiating a U-turn, did
not constitute reckless disregard. The deputy had assumed that the speeding
vehicle, which was following behind him, was going to stop in response to the
activation of his lights. The speeding motorist, however, did not
stop and collided with the deputy's vehicle. The deputy sued the motorist for
his injuries. The court found that whether the deputy was a plaintiff or
defendant, under New York state law, his conduct was judged by the
"reckless disregard" standard under these circumstances, so that the
other motorist's defense that the deputy's actions constituted ordinary
negligence was rejected. Ayers v. O'Brien, No. 2006-1020, 2008 N.Y. Misc. Lexis
621 (Sup.).
A deputy sheriff pursued a car traveling 73
miles per hour in a 55 mph zone, and the motorist accelerated to speeds in
excess of 85 mph. After ten miles and six minutes of pursuit, the deputy tried
to use a precision intervention technique to stop the pursued vehicle but wound
up applying his push bumper to the rear of the pursued car. The pursued car
crashed, and the motorist was rendered a quadriplegic. Negligence and battery
claims under Georgia state law were rejected on the basis of the plaintiff's failure
to show that the deputy or other defendants had an "actual intent" to
cause injury or acted with malice. Harris v. Coweta County, Ga., No. 07-13941,
2008 U.S. App. Lexis 353 (11th Cir.).
City was not liable for injuries suffered by
motorist and his passenger, whose vehicle was struck by a municipal ambulance
responding to an emergency call, in the absence of any evidence that the
ambulance driver engaged in willful and wanton conduct. An alleged failure to
stop before entering an intersection was, at most, negligence. Williams v. The
City of Evanston, No. 1063392, 2007 Ill. App. Lexis 1369 (1st Dist.).
Death of volunteer fire fighter whose auto was
hit by one driven by a county deputy, allegedly speeding while responding to an
emergency call, did not violate due process. The plaintiffs claimed that the
deputy had violated a county policy that barred him from driving at a speed
more than 10 miles per hour over the speed limit while responding to such
calls, and that the deputy therefore violated the fire fighter's due process
rights by violating the policy. The court found that the post-deprivation
opportunity to bring a state law lawsuit over the accident was adequate to
satisfy the requirements of constitutional due process. Moore v. Board of County
Commissioners, County of Leavenworth, Kansas, No. 07-3053, 2007 U.S. App. Lexis
26864 (10th Cir.).
Following a jury verdict in favor of the estate
of a motorist who was killed when his car was struck by a police vehicle, the
city that employed the officer agreed to pay $2 million to the plaintiff.
During the trial, the city and officer asserted that the motorist, an
undocumented Honduran immigrant, was actually to blame for the accident, but
the jury rejected that argument. Lopez v. City of Waukegan, No. 05L191, Circuit
Court of Lake County, Illinois, reported in Chicago Daily Law Bulletin, pg. 3,
November 5, 2007.
Intermediate Florida appeals court overturns jury
award of $81,250.44 to motorcyclist injured when he struck the rear of a state
trooper's car after the trooper pulled onto the road to pursue a vehicle. A
jury had found the plaintiff 85% at fault and the state trooper 15% at fault.
The appeals court found that the trial court should have granted a motion for a
directed verdict for the defendant since there was insufficient evidence to
refute a presumption of negligence on the part of a motorist who strikes the
rear of another vehicle. In this case, there was no showing that the state
trooper was engaged in a sudden stop or lane change, and evidence presented at
the trial showed that the sole cause of the accident was the plaintiff's own
negligence in going between 80 to 85 miles per hour when the speed limit was
55. Dept. of Highway Safety v. Saleme, No. 03D06-1033, 2007 Fla. App. Lexis
14259 (Fla. App. 3rd Dist.).
Factual issues as to whether a police officer
acted recklessly and caused an auto accident barred summary judgment for the
city in a lawsuit brought by injuries parties. At the time of the incident, the
officer was responding to a police dispatch, but it was not an emergency call,
and he did not have his siren or emergency lights activated, and made a left
turn despite limited visibility. Muniz v. City of Schenectady, No. 501392, 2007
N.Y. App. Div. Lexis 2246 (3rd Dept.).
Further proceedings were required to determine
whether an officer whose vehicle struck and injured a child while driving to
work was acting within the scope of his employment at the time. He was
operating a marked "take-home vehicle," was in uniform, and had left
an hour early for work because he wanted to study for a lieutenant's exam.
Garcia v. City of Hollywood, No. 4D06-970, 2007 Fla. App. Lexis 2410 (4th
Dist.).
Motorcycle rider who accelerated to 80-85 mph was
the sole proximate cause of an accident in which his vehicle collided with a
state trooper's car in a rear-end collision. Intermediate appeals court
overturns jury award finding the trooper 15% at fault for the accident. Dept.
of Highway Safety v. Saleme, No. 3D06-1033, 2007 Fla. App. Lexis 2362 (3rd
Dist.)[N/R]
Police officer engaged in an emergency operation,
with lights and siren activated, could not be held liable for rear end
collision with motorist's car on the basis of mere negligence. Under New York
law, he could only be held liable if he acted in a reckless manner, so summary
judgment for the motorist's insurer in its claim against the city was denied.
Allstate Insurance a/s/o Austin v. City of New York, No. 017823/05, 2007 N.Y.
Misc. Lexis 316 (Civil Court of City of New York, N.Y. County).[N/R]
No reasonable jury could find that a sheriff's
deputy whose vehicle collided with the rear of the vehicle of a volunteer
firefighter intended to inflict deadly force on the firefighter. While the
accident resulted in the firefighter's death, the deputy's actions were, at
most, negligent, and could not be the basis for a federal civil rights claim.
At the time of the incident, both he and the volunteer firefighter were
responding to the same reported traffic accident. Moore v. County of
Leavenworth, Civil Action No. 05-2556, 2007 U.S. Dist. Lexis 5511 (D.
Kan.).[N/R
Motorist injured when his car was rear-ended by a
car which had itself been rear-ended by a vehicle driven by an FBI agent
was entitled to $651,037.01 in damages, including $100,000 for pain and
suffering, future lost wages of $408,562 based on diminished earning capacity,
and other damages for medical expenses and property damages. The award was made
in a lawsuit for negligence againstthe FBI agent under the Federal Tort Claims
Act, 28 U.S.C.S. §§ 2671-2680, and the court ruled that such negligence was the
cause of the accident. Roark v. U.S., No.6:05CV00041, 2006 U.S. Dist.
Lexis 74784 (W.D. Va.). [N/R]
The issue of whether a city emergency vehicle's emergency
lights were visible from a distance of 500 feet, as required by state law, was
for the jury in a negligence lawsuit by a motorist against the city for
injuries suffered in his collision with the emergency vehicle. Jury's verdict
for the city upheld. Wynn v. City of Warner Robins, No. A06A0402, 630 S.E.2d
574 (Ga. App. 2006). [N/R]
Genuine issue of whether police vehicles actually
blocked traffic going northbound on a road during a high speed chase, resulting
in injuries to a motorist, barred summary judgment for defendants in negligence
lawsuit. Charles County Commissioners v. Johnson, No. 104, 900 A.2d 753 (Md.
2006). [N/R]
$5.75 million settlement reached in lawsuit
brought on behalf of the estate of a passenger who died after being thrown from
a car struck by a vehicle driven by a sheriff's deputy which allegedly ran a
red light at 70 miles per hour while en route to providing back up to officers
responding to a call. The plaintiff claimed that the deputy's vehicle did not
have its sirens or flashing lights activated at the time of the accident.
Grimmett v. Cook County Sheriff, No. 01L-7194, Circuit Court of Cook County,
Illinois, County Department, Law Division, reported in Chicago Daily Law
Bulletin, pg. 25 (Aug. 4, 2006). [N/R]
Motorist was properly found 50% at fault for
accident in which his vehicle and police vehicle engaged in high-speed chase
through a red light without warning lights or siren collided, since there was
evidence that the motorist was intoxicated at the time of the accident. Award
against city of $11,466 upheld, including $1,012 for pain and suffering. Lock
v. City of Philadelphia, 895 A.2d 660 (Pa. Cmwlth. 2006). [N/R]
Police officer whose vehicle collided with a
motorcycle while responding to an emergency call was not liable for the
motorcycle rider's injuries in the absence of evidence that he acted
recklessly. In this case, the officer activated his lights and sirens prior to
the accident, and slowed down as he approached the red light, which did not constitute
reckless conduct. Daniels v. City of New York, 813 N.Y.S.2d 164 (A.D. 2nd Dept.
2006). [N/R]
Jury awards $26.9 million to woman rendered
quadriplegic when sheriff's deputy smashed into her car at an intersection. The
deputy was allegedly driving at a speed in excess of 70 miles per hour and ran
a red light at 2:28 a.m. She claimed to be responding to a call requesting
backup at the scene of a domestic disturbance, but the plaintiff alleged that
she was actually responding to a low priority call. The city also settled, for
$5.75 million, a claim for wrongful death by the estate of another passenger in
the struck vehicle. The sheriff's department criticized a decision by the trial
judge barring evidence to show that the motorist had herself been driving under
the influence of alcohol at the time of the accident, and had a blood-alcohol
concentration of 0.116 an hour afterwards. News reports stated that the
defendants would seek to have the size of the award reduced or to be granted a
new trial, and would pursue an appeal if their motions were denied. Petraski v.
Debra Thedos, No. 01L6368, Circuit Court of Cook County, Illinois, County
Department, Law Division, May 23, 2006, reported in Chicago Daily Law Bulletin,
Vol. 152, Issue 102, pg. 3 (May 24, 2006). [N/R]
Louisiana police officer was 100% at fault for an
auto collision that killed a motorist when he was traveling at more than twice
the posted speed limit without his emergency lights or siren activated.
Additionally, the court determined that the officer was not pursuing a speeder,
but a friend. Trial court's determination that the officer and motorist were
each 50% at fault for the accident is reversed. A surviving accident victim is
awarded $644,000 in damages, and each of the deceased motorist's five children
is awarded $25,000 for wrongful death. Smith v. Municipality of Ferriday, No.
05-755, 922 So. 2d 1222 (La. App. 3rd Cir. 2006). [N/R]
In negligence claim brought by driver under
Federal Tort Claims Act, 28 U.S.C. Secs. 1346(b), 2671-80, for injuries
allegedly suffered during accident involving a car driven by an FBI agent, the
driver did not suffer "serious" injury as required for recovery under
New York's No-Fault Insurance Law. The driver had pre-existing cervical and
spinal damage and permanent injuries already in existence at the time of a car
accident did not qualify as "serious injuries" under New York law
applicable to FTCA lawsuit. Jones v. U.S., No. CV-04-1276, 408 F. Supp. 2d 107
(E.D.N.Y. 2006). [N/R]
Police officer's action of approaching and then
continuing on through an intersection in his unmarked police car constituted
gross negligence, so that a motorist who broadsided the police vehicle in the
intersection should not have been allocated any fault for the accident. Damage
award of $5,000 to injured motorist for pain and suffering was "abusively
low," and should be increased to $12,000, along with $1,000 for future
medical treatment. Court upholds award of $6,000 to motorist's husband for loss
of consortium. Spears v. City of Scott, No. 05-230, 915 So. 2nd 983 (La. App.
3rd Cir. 2005). [N/R]
City was entitled to sovereign immunity under
Texas state law in a lawsuit for wrongful death brought by the estate of a
juvenile arrestee who died when he exited from a police car traveling on a
freeway and another car hit him. An officer's alleged negligent failure to
properly secure the arrestee in the back seat of the patrol car did not come
within a waiver of sovereign immunity for use of motor vehicles. City of Sugarland
v. Ballard, No. 01-04-00418-CV, 174 S.W.3d 259 (Tex. App. 1st Dist. 2005).
[N/R]
Police officer did not act with reckless
disregard for safety of child he struck while traveling approximately 30 miles
above the speed limit. At the time of the accident, the officer was responding
to a call to provide back up to another officer, and had activated his
vehicle's lights and sirens. Additionally, he slowed when he observed children
on the sidewalk, and braked and swerved in an attempt to avoid hitting the
child, who had run into the street in order to avoid a dog. Kettles v. City of
Rochester, 802 N.Y.S.2d 572 (A.D. 4th Dept. 2005). [N/R]
Motorist who was run over by Indian tribal police
vehicle while hiding on the ground in alfalfa field after abandoning vehicle at
the conclusion of high-speed chase could not recover damages under Federal Tort
Claims Act. His own negligence in eluding officers and hiding in the field
contributed to his injuries, barring recovery under applicable South Dakota law.
Good Low v. US, No. 05-1114, 2005 U.S. App. Lexis 24517 (8th Cir.). [2006 LR
Jan]
Illinois state trooper was entitled to sovereign
immunity under state law for claims arising out of vehicle collision with
motorist's car on a state toll highway which occurred while she was responding
to a report of an accident involving injuries, which she was required to treat
as an emergency. Because she was acting in a manner "unique" to her
employment by the state, she was not required to have her lights and sirens
activated for the court to find that she was entitled to sovereign immunity.
Kawaguchi v. Gainer, No. 2-04-1017, 835 N.E.2d 435 (Ill. App. 2nd Dist. 2005).
[N/R]
Passenger who suffered spinal disc injury
requiring surgery when the vehicle he was riding in was rear-ended by a state
police car awarded $1,700,437 in damages. Damron v. Mitchell, No. 04L-191,
Circuit Court for the 10th Judicial Circuit, Peoria, Illinois, reported in
Chicago Daily Law Bulletin, pg. 25, November 18, 2005. [N/R]
City could not be held liable for either injuries
suffered by pedestrian struck by car or injuries suffered by motorist when
police officer ordered motorist to move her car forward after accident and she
moved it backwards instead, crushing the pedestrian's legs. There was no
special relationship between the pedestrian and the officer, and they had no
direct contact with each other. In a second case, a county could not be held
liable for injuries a motorist suffered after being told by an officer to move
his car to a nearby service station, despite the motorist's statement that he
had chest pains and was not feeling well. The motorist subsequently lost
control of his car and suffered serious injuries after driving it into a
guardrail and a telephone pole. The motorist did not, the court noted, tell the
officer that he was too ill to drive, and "we cannot expect the police to
make a refined, expert medical diagnosis of a motorist's latent
condition." Kovit v. Estate of Hallums, 829 N.E.2d 1188 (N.Y. 2005). [N/R]
Jury's finding that a police officer was
negligent in suddenly stopping his vehicle in order to avoid a possible traffic
accident, resulting in injuries to a passenger in his vehicle, was not
supported by the evidence, resulting in the overturning of a $100 damage award.
Appeals court also overturns $1.5 million award for passenger against city for
allegedly violating his constitutional rights of due process and equal
protection in failing to offer him a settlement in the case, even though it had
purportedly offered settlements in other similar cases. The passenger's claims
against the city were barred by governmental immunity under North Carolina law,
and the decision to offer a settlement under such circumstances was a matter of
discretion. Clayton v. Branson, No. COA04-884, 613 S.E.2d 259 (N.C. App. 2005).
[N/R]
Police officer was not entitled to summary
judgment in lawsuit by motorist whose vehicle was struck when the officer's car
crossed over the double yellow line. Crossing the double yellow line into the
opposing lane of traffic is negligence as a matter of law, the court stated,
unless justified by an emergency situation not of the driver's own making, and
the officer, who was driving to work at the time, failed to show that he was
free of negligence in relationship to his vehicle allegedly being struck from
the rear and forced into oncoming traffic. Foster v. Sanchez, 792 N.Y.S.2d 579
(A.D. 2nd Dept. 2005). [N/R]
Texas city was entitled to a ruling on its motion
for sovereign immunity before trial in motorist's personal injury lawsuit
against city, police department, and officer who allegedly caused the
motorist's auto accident. In re Greenwell and City of Texarkana, No.
06-05-0035, 160 S.W.3d 286 (Tex. App. 2005). [N/R]
Jury's verdict in favor
of an officer who allegedly ran over a victim who was lying in the road,
resulting in his death, was not so clearly against the weight of the evidence
in the case as to justify granting a new trial, in light of conflicting
evidence as to whether the officer would have had a chance to avoid the
accident, even if he had not fallen asleep. Hayes v. Garcia, No. 04-2009, 123
Fed. Appx. 858 (10th Cir. 2005). [N/R]
Factual issue as to whether state trooper had
acted with gross negligence in beginning and failing to end a high-speed
pursuit of a motorist suspected of driving under the influence (DUI), resulting
in the death of the pursued driver, was an issue for the jury, so that award of
$250,000 in damages (reduced from jury's $3.75 million award under applicable
limits under state law) was proper. Officer was not entitled to discretionary
immunity for his decision to start or continue the immediate pursuit of a
suspect. Clark v. South Carolina Department of Public Safety, No. 25926, 608
S.E.2nd 573 (S.C. 2005). [N/R]
Neither deputy nor sheriff's office was liable
for damages motorist suffered when the deputy's vehicle entered an intersection
against a red light during his response to a domestic violence call, even
though the deputy had not activated his emergency lights and siren. The deputy
had mistakenly believed that the light had changed to green when he proceeded
and he was only driving 5 to 7 miles per hour at the time. The deputy was
entitled to sovereign immunity from ordinary negligence claims under the
circumstances, and did not act in a grossly negligent manner. Muse v.
Schleiden, No. 1:04CV880, 349 F. Supp. 2d 990 (E.D. Va. 2004). [N/R]
Police officer and city were not entitled to
summary judgment under Indiana state law on claims asserted by a motorist for
damages allegedly suffered in a collision with the officer's vehicle when it
went through a red light and entered an intersection. Intermediate appeals
court rules that a state statute creating a duty on the part of the driver of
emergency vehicles to "drive with due regard" for the safety of all
persons governed the facts of the case, rather than another statute providing
immunity to government employees engaged in enforcing the law within the scope
of their employment. Patrick v. Miresso, No. 45A03-0405-CV-224, 821 N.E.2d 856
(Ind. App. 2005). [N/R]
Even though deputy sheriff was technically
off-duty at the time his patrol car struck another vehicle in its rear end, he
was acting within the scope of his employment. The accident allegedly occurred
when he glanced down at his computer terminal to see the result of his inquiry
as to whether a truck nearby was stolen, which fell within the performance of
his duties. Further, his doing so was a "ministerial" act rather than
a discretionary one, so that he was not entitled to official immunity under
Texas state law. Texas appeals court upholds $27,000 jury award to motorist
against county. Harris County v. Gibbons, No. 14-02-00398-CV, 150 S.W.3d 877
(Tex. App. 14th Dist. 2004). [N/R]
Passenger in parked police vehicle could not
recover damages against city for injuries suffered when the car was struck in
the rear by another parked police vehicle which was itself struck in the rear
by a truck. Under Texas state law, the city did not waive sovereign immunity
when the cause of the injuries was not attributable to the car in which the
passenger was sitting, but rather to the negligence of a third party, the truck
driver. City of Kemah v. Vela, No. 14-03-01091-CV, 149 S.W.3d 199 (Tex. App. --
Houston 14th Dist. 2004). [N/R]
Genuine issues concerning the speed of an
officer's vehicle, visibility, and traffic conditions barred summary judgment
for the Michigan State Police in a lawsuit brought by the estate of a motorist
who died from injuries suffered in a collision with a state trooper's car as he
was responding to a reported breaking and entering in progress. Newton v.
Michigan State Police, No. 247482, 688 N.W.2d 94 (Mich. App. 2004). [N/R]
Motorist who allegedly was injured when a police
officer directed him to move his vehicle off of the shoulder of an expressway
was not required to show that there was a special relationship between the
officer and himself in order to pursue a claim against the county which employed
the officer. The officer's alleged negligent conduct was properly characterized
as "misfeasance rather than nonfeasance," so not showing of a special
relationship was required, as there would be for imposing liability for failing
to act to provide protection to an individual. The court also found that there
was a triable issue of fact as to whether the officer was negligent under the
circumstances. Lazan v. County of Suffolk, 783 N.Y.S.2d 70 (A.D. 2nd Dept.
2004). [N/R]
Driver of fire truck was not entitled to
sovereign immunity under Virginia state law for liability for injuries a
motorist suffered when the fire truck struck his vehicle. At the time of the
accident, the fire truck was responding to a call concerning an infant locked
inside a vehicle, and was driving in a non-emergency manner without his sirens
or lights activated, and was therefore required to obey all traffic
regulations. Supreme Court of Virginia reverses judgment for the defendant,
ordering further proceedings. Spivey v. Collier, No. 032315, 601 S.E.2d 591
(Va. 2004). [N/R]
Officer was entitled to official immunity under
Texas law from liability for injuries suffered by motorist whose vehicle struck
officer's car as the officer drove around other cars stopped at an intersection
during his response to a domestic violence call. The officer was acting in good
faith and within the scope of his duties. His actions were reasonable in light
of a report that the suspect was threatening his wife or girlfriend and was
going to shoot her. Johnson v. Campbell, No. 06-04-00016-CV, 142 S.W.2d 592
(Tex. App. 2004). [N/R]
Alabama deputy sheriff was entitled to sovereign
immunity under state law against liability for injuries suffered by motorist
his vehicle collided with while he was working within the "line and scope
of his employment," as conceded by the motorist. The motorist claimed that
the deputy had negligently or wantonly sped through an intersection without
utilizing his blue overhead lights and his audible siren, but under Alabama law,
the deputy was entitled to sovereign immunity, now called State immunity, even
under these circumstances, so long as he was acting in pursuit of his official
duty. Ex parte McWhorter (In re McCarley v. McWhorter), 1021638, 880 So. 2d
1116 (Ala. 2003).[N/R]
Statute of limitations was tolled (extended)
during the time that court ordered mediation of the case was attempted.
Plaintiff injured in a traffic accident with a county deputy sheriff could
therefore pursue his personal injury claim even though the five-year statute of
limitations had passed since the accident. Gonzalez v. County of Los Angeles,
No. B168867, 19 Cal. Rptr. 3d 381 (Cal. App. 2nd Dist. 2004). [N/R]
Postal inspector's undercover vehicle qualified
as a "police vehicle" under a New York statute granting qualified
exemptions from traffic laws when engaged in emergency operations. The
defendant inspector did not act in "reckless disregard" of others'
safety in following a person under surveillance through a red light. The U.S.
government was not, therefore, liable under the Federal Tort Claims Act, 28
U.S.C. Sec. 2671 et seq., for injuries to another motorist in an ensuing
traffic accident. Hodder v. United States, 328 F. Supp. 335 (S.D.N.Y. 2004).
[N/R]
A genuine issue of fact as to whether the driver
of an emergency vehicle that proceeded through a red light while responding to
a fire should have seen the motorist's vehicle that he collided with precluded
summary judgment for the defendant city in a personal injury lawsuit by the
motorist. While Florida law allowed the emergency vehicle to proceed through a
red light, and the driver had his lights and sirens engaged, he was not
relieved, under the statute, from the duty to "drive with due regard for
the safety of all persons" or from liability for conduct in "reckless
disregard" of such safety. Evans v. City of Miramar, No. 4D03-3895, 879
So.2d 684 (Fla. App. 4th Dist. 2004). [N/R]
Police officer was not acting with reckless
disregard for others' safety when he struck another motorist's vehicle in an
intersection while responding to a report of a disturbance. The officer was
only traveling at 37 miles per hour, and had his blue lights and sirens
activated, and there was no obstruction to the view of either the officer or
the other motorist. The officer was therefore immune from liability under the
Mississippi Tort Claims Act, A.M.C. Sec. 11-46-9(1)(c) which requires a showing
of reckless disregard before imposing liability on a public employee engaged in
the performance of police or fire protection duties. Davis v. Latch, No.
2003-CA-00511-COA, 873 So. 2d 1059 (Miss. App. 2004). [N/R]
In a lawsuit against a town for the death of a
motorist whose vehicle was struck by an officer's car, the nature of the call
that the officer was responding to at the time was relevant to determining
whether the officer acted in reckless disregard of the safety of others, and
therefore was admissible. Allen v. Town of Amherst, 778 N.Y.S.2d 598 (A.D. 4th
Dept. 2004). [N/R]
Delaware Supreme Court rules that state statutes
waived sovereign immunity only to the extent that any loss was covered by
insurance. Trial court therefore properly granted summary judgment in favor of
police officer and state in lawsuit seeking to collect more than the amount of
insurance available for injuries sustained by vehicle occupants in an accident
involving a state police vehicle. Pauley v. Reinoehl, No. 679, 2002, 848 A.2d
561 (Del. 2004). [N/R]
Deputy sheriff, who was acting within the scope
of his duties in driving evidence to a forensic lab at the time that his
vehicle had an accident with another motorist's car, causing injuries, was
entitled to sovereign immunity from liability for negligence under Alabama
state law. Ex Parte Haralson, No. 1020783, 871 So. 2d 802 (Ala. 2003). [N/R]
Deputy sheriff was not entitled to summary
judgment on personal injury claim brought by passenger of car struck by her
vehicle when she was responding to an emergency call regarding an officer
needing assistance. Factual disputes about the speed at which she was
proceeding and the amount of traffic at the time, as well as other conditions
prevented a finding that the deputy necessarily was acting in good faith in
responding to the emergency call. Harris County v. Smyly, No. 14-03-00322-CV,
130 S.W.3d 330 (Tex. App. -Houston- 14th Dist. 2004). [N/R]
Delaware Supreme Court rules that state statute
prevents the state, as owner of a police emergency vehicle, from asserting
sovereign immunity as a complete defense to a personal injury claim based on
the alleged negligence of the vehicle's driver, but that any liability is
limited, under state law, to the amount of liability insurance purchased.
Pauley v. Reinoehl, No. 679,2002, 2003 Del. Lexis 625 (2004). [2004 LR Jun]
Motorist whose vehicle was accidentally hit by
car driven by sheriff's office lieutenant was properly awarded $26,000 in
general damages based on evidence that the accident aggravated her prior
cervical and lumbar injuries, and that plaintiff had difficulty sitting
following incident. Appeals court also upholds award of $3,000 in damages to
motorist's spouse for loss of consortium. Prudential Ins. Co. v. Gideon, No.
2002 CA 0532, 845 So. 2d 437 (La. App. 1st Cir. 2003). . [N/R]
Mississippi statute that provides that a
municipality's purchase of liability insurance waives a $50,000 limitation on
the amount of liability stated in the Mississippi Tort Claims Act, A.M.C. Sec.
11-46-15, did not apply to a municipality's participation the Mississippi
Municipal Liability Plan (MMLP), an agreement which constituted self-insurance
or a risk-sharing pool. Town's maximum liability for death of motorist killed
in collision with police officer, therefore, was $50,000. Mississippi Municipal
Liability Plan v. Jordan, No. 2001-IA-01590-SCT, 863 So. 2d 934 (Miss. 2003).
[N/R]
A city's sovereign immunity limiting liability
for the negligence of a driver of a government vehicle except to the extent of
insurance purchased did not prevent the recovery, by injured parties, of
underinsured motorist benefits under their own auto insurance policy, despite a
policy requirement to show damages "due by law" and a legal right to
recover damages. Supreme Court of Kentucky rules that the insurer's attempt to
exclude government-owned vehicles from the definition of
"underinsured" vehicles was void under Kentucky state law. Nationwide
Mutual Insurance Company v. Hatfield, No. 2001-SCk-0969-DG, 122 S.W.3d 36 (Ky.
2003). [N/R]
Genuine issues of fact concerning whether funeral
director arranged with sheriff's office for a police escort for a funeral
procession, and whether the sheriff had a duty to provide such an escort made
summary judgment for the sheriff inappropriate in a lawsuit brought by a
motorist in the procession injured in a collision with another driver, claiming
that the sheriff was negligent in failing to provide such an escort. Siripanyo
v. Allstate Indemnity Company, No. 03-559, 862 So. 2d 1254 (La. App. 3d Cir.
2003). [N/R]
Introduction into evidence, in lawsuit against
sheriff's department for injuries arising out of collision of his squad car
with another motorist's vehicle, of motorist's conviction for failing to yield
to an emergency vehicle was prejudicial, requiring a new trial. Injured
motorist, despite violating a motor vehicle safety statute, still might have
acted as a reasonably prudent person would act under the circumstances, and the
introduction of evidence that another court had already decided that the
plaintiff violated the statute "usurped" the jury's function in the
personal injury lawsuit. Lepucki v. Lake County Sheriff's Department, No.
45A03-0212-CV-439, 801 N.E.2d 636 (Ind. App. 2003). [N/R]
Insurer of parked police cruiser assisting
motorist with stalled motor vehicle was liable for the payment of no-fault
benefits to surviving spouse of motorcyclist and motorcyclist's passenger,
after motorcyclist's collision with police car. Police cruiser's status as an
emergency vehicle did not bar insurer's liability under Michigan law, and
police cruiser was "involved in the accident" as defined in the
no-fault statute. Amy v. MIC General Insurance Corp., No. 237055, 670 N.W.2d
228 (Mich. App. 2003). [N/R]
Officers who followed stolen vehicle, but were
not engaged in pursuit of it, were not liable for injuries to a motorist whose
vehicle was struck by the stolen car. Officers' purpose was to provide other
officers with information as to the location of the stolen car, and not to
actively attempt to apprehend his vehicle, since their unmarked car was not
equipped with lights and sirens required to engage in active pursuit. Lalley v.
City of Omaha, No. S-02-966, 670 N.W.2d 327 (Neb. 2003). [N/R]
Police officer did not act recklessly in striking
a motorist's vehicle from behind at a traffic light, even though he was reading
a warrant while stopped at the light and was not paying attention to traffic in
his lane. The officer acted in reflex in moving his car forward when he saw
traffic in the adjacent lane starting to move forward, and he did apply his
brake when he looked up and saw the vehicle in front of him was still
stationary. Officer and city were therefore immune from liability for the
motorist's injuries under Mississippi state law. Joseph v. City of Moss Point,
No. 2002-CA-00872-COA, 856 So. 2d 548 (Miss. App. 2003). [N/R]
Proper legal standard for establishing liability
of police officers engaged in a high-speed chase which injures third parties is
"willful and wanton misconduct" under Illinois law, not ordinary
negligence, rejecting argument by plaintiff motorists injured in collision with
pursued vehicle in question certified for decision by the trial court. Lanning
v. Harris, No. 3-02-0637, 796 N.E.2d 667 (Ill. App. 3d Dist. 2003). [N/R]
Police officer was 100% at fault for collision
with motorist's vehicle at intersection when, despite speeding to respond to a
report of a sexual assault, he failed to activate his siren, making it
impossible for the motorist to avoid the collision by the time she observed the
officer's car during her left turn. Pope v. Prunty, No. 37,395-CA, 852 So. 2d
1213 (La. App. 2nd Cir. 2003). [N/R]
Sheriff's department was 55% at fault in case
where a pedestrian was hit by a drunk driver while helping to direct traffic
around an accident scene. The injured pedestrian sued both the drunk driver and
the sheriff, claiming sheriff's deputies negligently failed to stop at the
first accident scene. Award against sheriff was limited to proceeds of $1
million insurance policy, from which attorneys' fees for defense were
deductible, but the cost of an appellate bond was not. Edwards v. Daugherty,
No. 02-354, 848 So. 2d 787 (La. App. 3d Cir. 2003). [N/R]
Court rejects motorist's claim that an officer's
use of a police car to transport him to the police station after the alleged
use of excessive force to apprehend him was a negligent act coming within an
exception to sovereign immunity applicable to the operation of a motor vehicle
in the control of a governmental agency, so that he could assert a claim against
the municipality for negligent infliction of emotional distress. No moving part
of the car, the court found, was involved in the complained of events and the
officer's use of the car was, "at best," merely
"incidental" to the officer's allegedly unlawful conduct. Lakits v.
York, 258 F. Supp. 2d 401 (E.D. Pa. 2003). [N/R]
Off-duty, but "on-call" police officer
did not act within the scope of his employment in driving a city vehicle,
allegedly under the influence of alcohol, and striking and killing a man doing
yard work, and then leaving the scene without rendering assistance to the
victim. The officer was engaged in doing personal errands and his actions were
in no way for the benefit of the city. Russell v. City of Memphis, 106 S.W.3d
655 (Tenn. Ct. App. 2002). [N/R]
Sheriff's office was not entitled to the
dismissal, with prejudice, of a pedestrian's claim for injuries arising out of
being struck by the side mirror of a patrol car based on a videotape showing
her performing tasks that she denied, in a deposition, being able to do because
of her injuries. Jacob v. Henderson, #2D01-5718, 840 So. 2d 1167 (Fla. App.
2003). [2003 LR Aug]
Woman who gave birth to a brain-damaged boy after
a 1997 car accident with a police vehicle receives an $8.1 million settlement
from municipality employing officer. Her lawsuit alleged that the officer was
responsible for the accident. Lara v. Village of Barrington Hills, No. 98L4793,
Circuit Court of Cook County, Ill., reported in Chicago Daily Law Bulletin, p.
3 (June 10, 2003). [N/R]
Pedestrian struck by police department motor scooter in
mall area of public park was properly awarded $5,795,015 in damages when expert
testimony showed that her brain injuries placed her at risk for Alzheimer's
disease, epilepsy, seizures and dementia. Reed v. City of New York, 757
N.Y.S.2d 244 (A.D. 1st Dept. 2003). [2003 LR Jul]
Mississippi Supreme Court upholds finding
of liability of city for death of bystander killed when her vehicle was hit by
a car driven by a check forgery suspect who was fleeing from police pursuit
through a residential neighborhood. Court rules that officers acted in reckless
disregard for the safety of others in conducting the pursuit, and were
therefore not entitled to governmental immunity when they did not know whether
the pursued suspect had committed a felony or a misdemeanor, violating the
department's own order concerning the beginning of pursuits. City of Jackson v.
Brister, No. 2001-CA-01393-SCT, 838 So. 2d 274 (Miss. 2003). [2003 LR Jun]
A police officer, even
though responding to an emergency, acted in "reckless disregard" of
the safety of others by turning his vehicle in front of another motorist's car
while attempting to cut off suspected auto thieves. Mississippi Supreme Court rules
that city and officer were therefore not entitled to immunity from lawsuit for
damages, especially in light of officer's failure to turn on his sirens, blue
lights, or headlights. City of Jackson v. Lipsey, No. 2001-CA-01271-SCT, 834
So. 2d 687 (Miss. 2003). [2003 LR May]
Trial court improperly allocated 80% of fault for
an accident to a motorist and 20% to the police officer in a case where the
officer was traveling 99 miles per hour in violation of the speed limit while
responding to an emergency call at the time of the collision. The officer had
not activated his siren and therefore was not entitled to a statutory exemption
from liability. He therefore would be treated the same as any private person
using a public highway for purposes of allocating blame. Appeals court finds
equal fault on the part of the motorist and the officer, resulting in an award
of damages to neither in their cross-complaints against each other. Bonds v.
Emerson, 94 S.W.3d 491 (Tenn. App. 2002). [N/R]
A factual issue existed as to whether a federal
employee was acting within the scope of his employment when his vehicle struck
a motorist's car as he was driving his own car at the time and made no effort
to attend purported work-related meeting after the collision despite the
drivable condition of his vehicle. Plaintiff could therefore challenge U.S.
government's attempts to substitute itself as the proper defendant and have the
case dismissed for the plaintiff's alleged failure to pursue administrative
remedies under the Federal Tort Claims Act, 28 U.S.C. Sec. 2401(b) within two
years of the accident. Ware v. Doane, 227 F. Supp. 2d 169 (D. Me. 2002). [N/R]
Driver of all-terrain vehicle struck by car
operated by deputy under the supervision of the sheriff, who was also present
in the car, alleged sufficient facts about collision to assert a negligence
claim against the defendants in their official capacity under Federal Rule of
Civil Procedure 8. Dillon v. Brown County, Nebraska, 214 F. Supp. 2d 1031 (D.
Neb. 2002). [N/R]
There was a genuine issue of fact as to whether a
police officer drove his vehicle recklessly when he responded to a burglary
report, precluding summary judgment in a lawsuit for injuries which occurred
after he collided with a motorist's car. Dunlea v. Township of Belleville, 349
N.J. Super. 506, 793 A.2d 888 (N.J. Super. A.D. 2002). [N/R]
Officer's use of
pepper spray was not unreasonable when arrestee had been climbing stairs toward
the officer, screaming threats to harm him and gesturing wildly with his arms,
ignoring the officer's order to stay back. Jim v. County of Hawaii, #00-16979,
33 Fed. Appx. 857 (9th Cir. 2002). [2002 LR Aug]
Jury awards $5
million to waitress/motorist hit by police car when returning from work. Police
vehicle is alleged to have been traveling at twice the posted speed limit
without activated siren or emergency lights. Jury rejects defense argument that
plaintiff was intoxicated based on blood alcohol test, when witnesses testified
she looked sober and plaintiff argued test results were caused by breathing
distress and trauma of the accident. Krall v. City of Des Plaines, No. 00L4096
(Cook County, Illinois Cir. Court), reported in The National Law Journal, p. B4
(Feb. 18, 2002). [N/R]
California Supreme Court rules that highway
patrol officer had a clearly established duty under state law to exercise due
care in directing a traffic violator to stop in a particular location.
Passengers in vehicle injured after it was struck from behind while stopped on
highway's center median could pursue negligence claim against officer and
highway patrol. Lugtu v. California Highway Patrol, No. S088116, 28 P.3d 249
(Cal. 2001). [2002 LR Jan]
Father of minor awarded $20,000 in damages for
child's permanent prominent facial scarring caused by accident after transit
police officer's vehicle failed to stop at stop sign. Neason v. Transit
Management of Southeast Louisiana, Inc., #2000-CA-1271, 789 So. 2d 31 (La. App.
2001). [N/R]
Jury awards $5 million to motorist who suffered
brain damage from collision with speeding police vehicle. Six witnesses
testified that officer's overhead lights were not turned on, while three
officers stated that lights were operating. Jury rejects defense argument that
motorist was intoxicated and ignored the police vehicle's lights when she
turned left into its path. Krall v. Des Plaines and Neubauer, No. 00-L-004096
(Circuit Court of Cook County, IL.), reported in The National Law Journal, p.
A6 (November 5, 2001). [N/R]
347:167 N.Y.C. reaches $500,000 settlement with
motorist injured in collision with police vehicle which allegedly entered
intersection against a red light without sirens or flashing lights. DePalma v.
City of New York, No. 24006/92 (Kings Co., N.Y. Sup. Ct.), reported in The
National Law Journal, p. B3 (July 30, 2001).
347:168 Jury assesses damages of $256 million for
motorist's collision with off-duty police officer which left one child dead,
one quadriplegic, and one paralyzed on one side with a damaged brain; $57 million
settlement by county and construction company to be paid by insurer; officer,
the only non-settling defendant, liable for $17.92 million. Jenkins v. Ranger
Construction Industries Inc., No. 98009025AN, Circuit Court, Palm Beach County,
Fla., reported in The National Law Journal, p. B1 (July 30, 2001).
345:138 New Jersey city would not be held
vicariously liable for officer's auto accident, hitting pedestrian while
driving his own vehicle home for lunch; mere possibility that he could be
required to take action if he witnessed a crime did not render him "on
duty." Rogers v. Jordan, 773 A.2d 116 (N.J. Super. A.D. 2001).
344:122 Motor vehicle exception to governmental
immunity for negligence under Pennsylvania law applies to cars, but not to bicycles;
pedestrian struck by officer riding a bicycle on the sidewalk in violation of a
city ordinance could not sue city and officer for damages. Harding v. City of
Philadelphia, No. 2189 C.D. 2001, 777 A.2d 1249 (Pa. Cmmw. 2001).
342:90 Jury's award of $1 million for past and
future pain and suffering to police officer who was a passenger in a vehicle
driven by another officer was appropriate; no recklessness on the part of the
driving officer needed to be shown when the vehicle was not responding to an
emergency call at the time of the accident. Criscione v. City of New York, 719
N.Y.S.2d 687 (A.D. 2001).
331:106 Officer and city were not entitled to
immunity for injuries to pedestrian struck by officer's vehicle as he followed
speeding motor vehicle; officer's actions did not qualify as
"pursuit" as speeding motor vehicle was not attempting to flee
officer. Torres v. City of Perth Amboy, 748 A.2d 125 (N.J. Super. A.D. 2000).
325:11 Officer was not entitled to immunity from
liability for death of child he struck with his vehicle while driving towards
scene where officers had been attacked; conflicting evidence would allow jury
to decide that the emergency was over at the time of the accident, based on
radio exchange between dispatcher and officer on the scene. Sanders v. City of
Chicago, 714 N.E.2d 547 (Ill. App. 1999).
326:30 Illinois jury awards $5 million to
university student struck and injured by speeding car driven by housing
authority police officer. Gilchrist v. Benford, No. 96-L- 1707, Circuit Ct.,
Cook County, Ill., reported in Chicago Daily Law Bulletin, p. 3 (December 7,
1999).
327:36 City was not immune, under West Virginia
statute, from liability for injuries motorist suffered, allegedly caused by
officer's parking of his vehicle in a place hazardous to oncoming traffic.
Westfall v. City of Dunbar, 517 S.E.2d 479 (W. Va. 1999).
328:58 Speeding police officer who did not turn
on his siren or flashing lights was not entitled to immunity from liability
from ensuing traffic accident under Alabama state law. Williams v. Crook, 741
So. 2d 1074 (Ala. 1999).
316:60 City liable for $8.2 million to man struck
by police vehicle not engaged in emergency assignment and for $100,000 to his
wife; injured man suffered brain damage; award was reduced by trial court from
jury award totaling $14.55 million. Davis v. City of New York, No. 41329/93,
N.Y. Kings County Sup. Ct., May 22, 1998, reported in 42 (1) ATLA Law Rtpr. 17
(Jan. 1999).
315:44 City reaches $11 million settlement with
man paralyzed after being struck by police vehicle at crosswalk; vehicle was
not engaged in pursuit at the time of the accident. Espinoza v. City of Los
Angeles, reported in The Natl. Law Jour. p. A8, February 8, 1999.
313:12 Decision to send only one officer to
escort funeral procession was negligence on the part of city; city liable for
accident which resulted in injury to procession participants. Anderson v. City
of Chattanooga, 1998 Tenn. App. Lexis 236 (1998).
306:89 No liability on the part of the city for
injuries to officer who was passenger in police vehicle pursuing suspect;
officer driving vehicle did not act in "reckless disregard" of safety
of others since he had lights and sirens operating when his car was struck by a
van. Mulligan v. City of New York, 664 N.Y.S.2d 484 (A.D. 1997).
311:170 City reaches $3.45 million settlement in
lawsuit over police vehicle striking 10-year-old girl on bicycle; girl was
paralyzed; officer was not protected by governmental immunity when responding
to non-emergency call, so plaintiffs did not have to show willful or wanton
misconduct. Simpson v. City of Chicago, #93L-5484, Circuit Court of Cook
County, Chicago, Ill., reported in Chicago Daily Law Bulletin, p. 3 (July 15,
1998).
289:10 Allegation that officer was driving
recklessly when his vehicle collided with motorist's car was insufficient to
state a constitutional claim; federal appeals court rules that federal civil
rights claim in such cases must be based on "deliberate indifference"
Hill v. Shobe, 93 F.3d 418 (7th Cir. 1996).
289:11 New York City jury awards $511 million to
married couple injured in collision with police vehicle responding to emergency
call; suit alleged that speeding police vehicle did not activate its siren or
flashing lights Abdallah v. City of New York, 33463/91 (Sup Ct, Kings Co, NY),
reported in The Natl. Law Jour., p. A9 (July 22, 1996).
289:11 North Carolina Supreme Court rules that
officer's alleged negligence in pursuing vehicle without lights or sirens
activated was insufficient to impose liability for collision with a motorist;
recklessness or "gross" negligence is required for liability in such
circumstances under state law Young v. Woodall, 471 S.E.2d 357 (N.C. 1996).
290:26 Supreme Court of New Jersey rules that
police officer responding to report of possible bank robbery acted objectively
reasonable and was entitled to good faith immunity from liability for traffic
collision with another motorist's car while driving to the bank; such immunity
also extended to municipality under the circumstances Canico v. Hurtado, 144 NJ
361, 676 A.2d 1083 (1996).
295:106 Deputy's alleged speeding, whether
characterized as negligent or grossly negligent, could not be the basis for
federal civil rights lawsuit by occupants of other vehicle injured in traffic
accident with his car; deputy was not engaged in police pursuit or in
responding to emergency call at time of accident Rooney v. Watson, 101 F.3d
1378 (11th Cir. 1996).
295:106 Police officer's decision to pass vehicle
on the left in order to respond to radio call was discretionary, but it was a
factual question, for a jury to decide, whether his decision to do so without
activating his lights or siren was "merely negligent" or showed a
"reckless disregard for the safety of others" Johnson v. Gonzalez,
478 S.E.2d 410 (Ga App. 1996).
277:10 Ohio Supreme Court rules that highway
patrol was immune from liability for injuries caused by patrol vehicle striking
a motorist's vehicle while responding to an emergency call, in the absence of
willful or wanton misconduct Baum v. Ohio State Highway Patrol, 72 Ohio St 3d
469, 650 N.E.2d 1347 (1995). [Cross-reference: Defenses: Sovereign Immunity]
277:11 City liable for $375 million to passenger
in vehicle struck headon by motorist pursued by officers based on domestic
violence complaint; pursuit had previously been stopped and was begun again;
plaintiff argued that officers could have arrested suspect at another time
rather than again attempting to stop his vehicle Tomlinson v. City of Long
Beach, No NC010680, LA Superior Court Long Beach, Cal., July 17, 1995, reported
in LA Daily Journal (Verd. & Stl.) p. 4, Aug 11, 1995.
278:26 Tennessee Supreme Court finds both police
officer and driver of private vehicle negligent in collision occurring at
intersection when officer was responding to emergency call, but allocates fault
so that officer was only 25% to blame for accident Wright v. City of Knoxville,
898 S.W.2d 177 (Tenn 1995).
279:43 Family of 13-year-old girl brain damaged
following being struck by police car responding to emergency call turns down
city's $7 million settlement offer at end of trial; jury returns verdict for
city Sanders v. City of Chicago, No 91L-7200, Circuit Court of Cook County,
Chicago, Ill, reported in Chicago Daily Law Bulletin, p. 3 (December 4, 1995).
279:44 County liable for $574,725 in damages for
injuries to arrestee sustained in head-on collision of deputy's vehicle while
transporting him Schmiett v. County of San Bernardino, SCV10969, San Bernardino
Superior Court, Calif., 108 (196) Los Ang. Daily Jour. (Verd. & Stl.), p. 4
(October 13, 1995).
284:122 Pursuing a vehicle which had run a stop
sign was a discretionary act; deputy was entitled to official immunity, under
Georgia state law, for initiating and continuing pursuit and was not
individually liable for injuries resulting from his vehicle's collision with
another car during the pursuit Morgan v. Causey, 910 F.Supp. 651 (M.D. Ga
1996). [Cross-references: Defenses: Official Immunity; High Speed Pursuit]
284:122 Update: Judge grants new trial in case
where family of 13-year-old girl brain damaged after being struck by police car
turned down city's $7 million settlement offer and jury returned defense verdict
Sanders v. Chicago, 91L-7200, Circuit Court of Cook Co., Ill, Feb 9, 1996,
reported in The Natl. Law Jour. p. A13 (Mar 4, 1996).
272:119 Motorist/tennis instructor whose elbow
was injured following collision with police vehicle which slid on ice awarded
$1 million in damages against city Miles v. City of Cleveland Heights, Ohio,
Cuyahoga County CCP, No. 247323, Sept 16, 1994, reported in 38 ATLA L. Rep.141
(May 1995).
274:155 California Supreme Court rules that city
was not immune from liability for officer's alleged negligent operation of
vehicle, even if officer was immune under state law Thomas v. City of Richmond,
40 Cal.Rptr.2d 442 (Cal 1995).
Montana Supreme Court rules that trial court
abused discretion in changing its factual finding that deputy and motorist were
equally negligent in causing vehicle accident in order to prevent motorist from
receiving damages Marry v. Missoula County Sheriff's Dept, 866 P.2d 1129 (Mont
1993).
Indiana officer responding to a call for assistance
by another officer conducting a pursuit of a criminal suspect was entitled to
immunity under state law for traffic collision which occurred on his way to the
scene of the pursuit Fries v. Fincher, 610 N.E.2d 291 (Ind App. 1993).
City reaches $300,000 settlement in suit for
death of man struck by police vehicle speeding through a residential area to go
to the scene of a fight Schuetz v. Draksler, Ill, Will County Cir. Ct, No
90L-11206, Oct 5, 1992, reported in 36 ATLA L.Rptr. 167 (June 1993).
Officer was not liable, under Missouri law, for
failing to take steps to prevent collision caused by presence of stalled car in
traffic lane; any duty to take protective steps was owed to the general public,
rather than any specific individual Beaver v. Gosney, 825 S.W.2d 870 (Mo App.
1992).
Town liable for $100,000 for officer's collision
with speeding vehicle, injuring passenger; negligence of driver of speeding
vehicle did not absolve town of liability Stuart v. Town of Brookline, 412 Mass
251, 587 N.E.2d 1384 (1992).
City was jointly liable for $100,000 to motorist
injured by second accident which occurred at the scene of an earlier accident;
liability was based on officer's alleged failure to protect the accident scene;
settlement of $100,000 by driver of the vehicle which hit motorist's car
satisfied city's liability Freeman v. Berg, 482 N.W.2d 32 (S.D.1992).
Officer leading funeral procession was not
engaged in "enforcing the law" when his vehicle hit a motorist's car;
city was not entitled to immunity from motorist's negligence lawsuit Valpariso,
City of v. Edgecomb, 587 N.E.2d 96 (Ind 1992).
Deputy on patrol to find license plate violations
was not "enforcing a law" within the meaning of Indiana statute
granting immunity from civil liability; city might be liable for deputy's
rear-end collision with motorist's vehicle City of Wakarusa v. Holdeman, 582
N.E.2d 802 (Ind 1991).
Federal park police officer was negligent in
pursuing traffic violators into intersection against red light; government
liable for $125 million for death of motorist in car struck by officer's
vehicle Groves v. United States, 778 F.Supp. 54 (DDC 1991).
Owner of parked auto struck by vehicle which
officer was stopping could not recover damages from officer or city Vaquera v.
Salas, 810 S.W.2d 456 (Tex. App. 1991).
Village liable for $75,000 to motorist who
suffered back injury in collision with vehicle driven by police chief, despite
the fact that she had not seen a medical doctor Ferguson v. Village of Dry
Prong, 580 So.2d 1015 (La App. 1991).
Police lieutenant driving to the scene of a
burglary his subordinates were investigating was entitled to immunity, under
Indiana law, from negligence lawsuit arising from a traffic accident Bevis v.
City of Indianapolis, 565 N.E.2d 772 (Ind App. 1991).
Evidence that headlights of deputy sheriff's
vehicle were on supported finding that driver of vehicle which deputy collided
with was inattentive; injured passenger in struck vehicle could not recover
damages Fredericks v. Warren, 561 So.2d 208 (1990).
Court reverses award to bicyclist who travelled
in the wrong direction on bike path for injuries caused by collision with
sheriff's department vehicle Rosenthal v. County of Pima, 791 P.2d 365 (Ariz
App. 1990).
Police officer was not grossly negligent, and
therefore not liable, for striking fleeing arrestee with patrol car; $350,000
jury award overturned Meagher v. Johnson, 389 S.E.2d 310 (Va 1990).
Officer was not willfully and wantonly negligent
in collision between his squad car and other vehicle while he responded to
silent alarm Valiulis v. Scheffels, 547 N.E.2d 1289 (Ill App. 1989).
Officers' negligence was not proximate cause of
death of 13- year-old riding unregistered dirt bike Jenard v. Halpin, 567 A.2d
368 (RI 1989).
Motorist stopped for suspected traffic violation
was "in custody" and owed duty of care by officers to protect him
from hazards of road traffic Kaisner v. Kolb, 543 So.2d 732 (fla 1989).
Estates of motorcyclists fatally injured when
they struck vehicle stopped by officer could not recover damages in absence of
special duty Trepachko v. Village of Westhaven, 540 N.E.2d 342 (Ill App. 1989).
Alabama Supreme Court holds that speeding
motorcyclist killed himself by going off road; pursuing officer was not
negligent Blair v. City of Rainbow City, 542 So.2d 275 (Ala 1989).
State troopers not liable for injury to third
parties struck by vehicle driven by fleeing criminal suspect; they joined chase
after being notified of it by radio Ducote v. Jackson, 542 So.2d 689 (La App.
1989).
Arkansas Supreme Court holds that city is liable
for injury to motorist struck by police vehicle running red light with siren
on; ordinary negligence standard applies City of Little Rock v. Weber, 767
S.W.2d 529 (Ark 1989).
Illinois Supreme Court holds that officer may not
bring negligence lawsuit against fellow officer for injuries caused by his
driving Mitsuuchi v. City of Chicago, 532 N.E.2d 830 (Ill 1988).
Children were contributorily negligent when their
bicycles rear-ended a police car; case dismissed in favor of the officer
Fusilier v. City of Houma, 421 So.2d 418 (La App. 1982).
City may be liable for accident caused by suspect
during high-speed chase with police Fiser v. City of Ann Arbor, 339 N.W.2d 413
(Mich 1983); reversing 309 N.W.2d 552 (App. 1982).
No Section 1983 claim against deputy sheriff for
alleged negligence in automobile accident which caused death Ellsworth v.
Mockler, 554 F.Supp. 1072 (N.D.Ind 1983).
No liability for death of speeding motorcyclist
being pursued by patrolman Riggan v. North Carolina State Highway Patrol, 300
S.E.2d 252 (N.C. App. 1983).
Damages awarded for injuries to motorist
sustained in collision with vehicle being pursued by police officers Tetro v.
Town of Stratford, 458 A.2d 5 (Conn 1983).
No liability for collision that occurred between
police car on emergency run and another motorist Hancock v. City of Montgomery,
428 So.2d 29 (Ala 1983).
Jury awards $75,000 for death of deputy's
passenger killed during chase for speeders Prater v. Arnett, 648 S.W.2d 82 (Ky
App. 1983).
Parents have no claim for infliction of emotional
distress since they had not witnessed their son's injury, but had arrived 15
minutes after the accident occurred during police chase Madigan v. City of
Santa Ana, 193 Cal.Rptr. 593 (App. 1983).
State liable for three deaths which occurred from
car crash during high-speed chase Zulauf v. State, 462 N.Y.S.2d 560 (App.
1983).
Suit against police for injury to third party
resulting from police chase to proceed even though state's notice requirement
was violated Tribe v. Borough of Sayre, 562 F.Supp. 419 (WD NY 1983).
Survivors have no claim for death of police
officer struck and killed by fleeing driver at roadblock Oberkramer v. City of
Ellisville, 650 S.W.2d 286 (Mo App. 1983).
No liability to officer pursuing vehicle that
crashed into third party Thorton v. Shore, 666 P.2d 655 (Kan 1983).
No liability for death of suspects chased by
police Estate of Custard v. McCue, 335 N.W.2d 104 (Mich App. 1983).
City liable for crash that occurred by off-duty
officer with assigned vehicle Johnson v. Dufrene, 433 So.2d 1109 (La App.
1983).
Driver sues Board of Police Commissioners for
injuries allegedly caused by negligent operation of police car Best v.
Schoemehl, 652 S.W.2d 740 (Mo App. 1983).
Use of police car as roadblock to stop fleeing
motorcyclists was excessive force; city liable for promulgating police of using
the cars as roadblocks City of Amarillo v. Langley, 651 S.W.2d 906 (Tex.App.
1983).
State 5% negligent for collision that occurred
during pursuit of motorcyclist in which passenger was injured Masters v. State,
668 P.2d 73 (Idaho 1983).
The following two cases find no liability to
officers for death caused by fleeing traffic violators during pursuit McMillan
v. Newton and Carranza v. City of LA, 306 S.E.2d 470 (N.C. App. 1983).
New trial ordered in suit accusing police of not
using lights or siren during pursuit of vehicle that crashed and caused
injuries to third party; city ordinance requiring usage of lights and sirens
prevails over state law that does not Mobell v. City and County of Denver, 671
P.2d 433 (Colo App. 1983).
No immunity to West Virginia officials for
alleged negligent police chase into Virginia, even though Virginia law grants
immunity Bays v. Jenks, 573 F.Supp. 306 (WD Va 1983).
No liability for pursued vehicle's crash killing
a person Almeida v. Town of North Providence, 468 A.2d 915 (RI 1983).
City liable for employee's negligent driving,
which resulted in two other vehicles colliding Housey v. City of New Orleans,
441 So.2d 795 (La App. 1983).
Plaintiff waived right to jury trial by
participating in non jury board of claims finding officer not guilty of
negligence in emergency pursuit Faurakre v. Perry, 667 S.W.2d 483 (Tenn App.
1983).
There can be no recovery from state if vehicle is
damaged while being ordered from highway for obstructing its uses Heagney v.
Schneider, 677 P.2d 446 (Colo App. 1984).
Officers held to more liberal standard of care
while in pursuit than are private drivers Madison v. Weldon, 446 So.2d 21 (Ala
1984).
Third party at fault for injuries she sustained during
officer's emergency pursuit Russo v. City of New Orleans, 446 So.2d 331 (La
App. 1984).
Police negligent in asking tollbooth collector to
assist in catching speeding motorist Ast v. State, 474 N.Y.S.2d 174 (Ct Cl
1984).
Officer accused of negligently placing traffic
violator in dangerous position during questioning; city adds bar owner as third
defendant for serving drinks to intoxicated motorist AlHazmi v. City of
Waukegan, 579 F.Supp. 1441 (N.D.Ill. 1984).
No liability for escapees' accident during
pursuit Kisby v. State, 682 P.2d 1093 (Cal 1984). 204 Cal.Rptr. 428
Over $350,000 judgment reversed until plaintiff
undergoes psychological testing to prove injuries from police car crash Thynne
v. City of Omaha, 351 N.W.2d 54 (Neb 1984).
County and deputy sheriffs could be liable for
injuries in high-speed chase Keener v. Kimble, 317 S.E.2d 900 (Ga.App. 1984).
No liability for arrestee's injuries in unpadded
squad car Magayanes v. Terrance, 730, F.2d 1131 (7th Cir. 1984).
24-hour roadblocks unconstitutional; attorney's
fees awarded following consent decree Garrett v. Goodwin, 588 F.Supp. 825 (E.D.
Ark 1984).
No liability for shining search light at pursued
vehicle causing suspect to crash; no claim regarding destroyed dispatcher tape.
Spano v. McAvoy, 589 F.Supp. 423 (NDNY 1984).
No liability for failure to formulate guidelines
for highspeed chases; leaving keys in car not basis for liability Dodge v.
Stine, 739 F.2d 1279 (7th Cir. 1984). Jury awards $4 million to innocent
bystander who lost both legs when officer violated "hot pursuit"
policy for interstate chases Biscoe v. Arlington County, 738 F.2d 1352 (DC
1984).
Misinterpreted radio broadcast linked to innocent
motorcyclist's injuries; liability results Jones v. City of Des Moines, 355
N.W.2d 49 (Iowa 1984).
Judgment modified upon finding that drunk
pedestrian was 50% liable when struck by patrol car en route for back-up
assistance Odom v. Byrne, 480 N.Y.S.2d 247 (Kings County, 1984).
No immunity for officer's injuring pedestrian
when he put his car in reverse, since backing away from scene not enforcing law
Thompson v. City of Chicago, 470 N.E.2d 47 (Ill App. 1984).
Drug paraphernalia found in car properly admitted
as evidence that plaintiffs were at fault in colliding with police car on
emergency run Foreman v. Minnie, 689 P.2d 1210 (Mont 1984).
Physical examination after action commenced no
bar to suit Wallace v. City of New York, 480 N.Y.S.2d 989 (Sup 1984).
After juror writes judge telling of racial
comments made by fellow jurors, a new trial is ordered resulting in $350,000
verdict for plaintiff Barnes v. Toppin, 482 A.2d 749 (Del 1984).
Officer must prove necessity of emergency pursuit
to avoid liability for injuries Maxey v. Lenigar, 471 N.E.2d 1388 (Ohio App.
1984). High-speed chase to catch traffic violators not deadly force; garner
rule not violated Galas v. McKee, 801 F.2d 200 (6th Cir. 1986).
Police chief's accident with motorist during
pursuit of traffic violator doesn't result in liability Conly v. Town of Forest
Hill, 463 So.2d 72 (La App. 1985).
Drivers of emergency vehicles subject to ordinary
negligence standard Bouhl v. Smith, 475 N.E.2d 244 (Ill App. 1985).
Police officer's counterclaim for injuries when
her vehicle collided with plaintiff's vehicle dismissed Allen v. State, 332
S.E.2d 321 (Ga.App. 1985).
Officers immune even if they disregard safety;
city is not City of San Jose v. Super Court (Martinez), 212 Cal.Rptr. 661 (Cal
App. 1985).
Step-parent prevented from suing over son's
injuries from police car; sister can sue for emotional distress Garrett By
Kravit v. City of New Berlin, 362 N.W.2d 137 (Wis 1985).
Officer accused of negligence in not using
spotlight, as well as other equipment during high-speed chase; age requirement
for Contributory negligence discussed Smith v. Bradford, 475 So.2d 526 (Ala
1985).
Merely exceeding the speed limit on city streets
not grounds for liability Brown v. City of New Orleans, 464 So.2d 976 (La App.
1985).
Officer radios ambulance in anticipation of
injuries Sammor v. Mayor & Aldermen of Savannah, 335 S.E.2d 434 (Ga.App.
1985).
Testimony properly admitted to impeach city
expert's testimony on how far siren could be heard Stark v. City of Los
Angeles, 214 Cal.Rptr. 216 (App. 2 Dist 1985).
No right to counsel before chemical test for
intoxication Blake v. Commissioner of Public Safety, 374 N.W.2d 801 (Minn. App.
1985). Liability for police car accident affirmed Fowler v. Garcia, 687 S.W.2d
517 (Tex.App. 1985).
Use of car as roadblock could constitute fourth
amendment violation Jamieson By and Through Jamieson v. Shaw, 772 F.2d 1205
(5th Cir. 1985).
State Supreme Court holds reversing patrol car
away from crowd is within scope of employment for immunity purposes Thompson v.
City of Chicago, 484 N.E.2d 1086 (Ill 1986).
Court grants affirmative defense of statutory
immunity, even though it was raised after trial began Morris v. City of
Chicago, 474 N.E.2d 1274 (Ill App. 1985).
Operating vehicle without siren or flashing
lights not grounds for liability Mitchell v. State, 486 N.Y.S.2d 97 (A.D. 3
Dept 1985).
Indemnification statute does not make state a
party in the suit Paone v. Tryon, 491 N.Y.S.2d 669 (A.D. 2 Dept 1985).
Automobile negligence not actionable under
Section 1983 Cannon v. Taylor, 782 F.2d 947 (11th Cir. 1986).
Officer qualified to give chase West v. United
States, 617 F.Supp. 1015 (DC Cal 1985).
Police officer did everything right on high-speed
chase; motorcyclist negligent for own injuries and must pay for damages to
squad car Maple v. City of Omaha, 384 N.W.2d 254 (Neb 1986).
Jury credits plaintiff's version that police car
swerved across lane and struck him Thompson v. City of New Orleans , 487 So.2d
593 (La App. 1986).
Police guidelines create duty; general rule
doesn't apply Fudge v. City of Kansas City, 720 P.2d 1093 (Kan 1986).
Other important issues on vehicle-related
procedures discussed Weldy v. Town of Kingston, 514 A.2d 1257 (NH 1986); DeWald
v. State, 719 P.2d 643 (Wyo 1986); Ashburn v. Anne Arundel County, 510 A.2d
1078 (Md 1986); Irwin v. Town of Ware, 467 N.E.2d 1292 (1984); Leake v. Cain,
720 P.2d 152 (Colo 1986); Hucko v. City of San Diego, 179 Cal App. 3d 520 (App.
1986).
Summary judgment denied in suit seeking damages
for officer's ordering intoxicated woman to drive; collision occurred resulting
in injuries Snyder v. City of Rochester, 508 N.Y.S.2d 863 (A.D. 4 Dept. 1986).
Victims of police automobile collision have no
fourth amendment claims; substantive due process claims dismissed also Apodaca
v. Rio Arriba County Sheriff's Dept, 647 F.Supp. 752 (DNM 1986).
No duty to assume intoxicated pedestrians are
present at accidents Puearry v. Department of Public Safety, 496 So.2d 1372 (La
App. 1986).
Statute immunizes city even if officer was guilty
of misconduct Luber v. City of Highland, 502 N.E.2d 1243 (Ill App. 1986).
Police stops for traffic violations create no
special duty to protect Hernandez v. Village of Cicero, 502 N.E.2d 1226 (Ill
App. 1986).
Allowing intoxicated arrestee access to her car
after she was bonded and released states a cause of action Kendrick v. City of
Lake Charles, 500 So.2d 866 (La App. 1986). Internal order mandating inspection
and removal of abandoned vehicles creates no duty to the public Posey v. State
of California, CA 1st, A024640; 5/8/86
Detaining traffic violator en route to hospital
was reasonable, but officer should timely call ambulance for sick passenger
Krisko v. Oswald, 655 F.Supp. 147 (E.D. Pa 1987).
Using patrol car as roadblock to apprehend
speeding motorcyclist not excessive force Chesney v. Hill, 813 F.2d 754 (6th
Cir. 1987).
City not liable to motorist injured by fleeing
suspect's auto; officers exercised due care during high speed pursuit Bickel v.
City of Downey, 238 Cal.Rptr. 351 (Cal App. 1987).
Officers' action in intentionally ramming police
vehicle into vehicle of fleeing suspect could be ground for liability to
injured passenger Wood v. City of Linden, 526 A.2d 1093 (NJ Super AD 1987).
Parking police vehicle in private driveway at
night without lights on may be negligent, but did not show wanton misconduct or
civil rights violation Loftus v. @lingo, 511 N.E.2d 203 (Ill App. 1987).
Police officer driving to scene of accident
immune from suit under Indiana state law Weber v. City of Fort Wayne, 511
N.E.2d 1074 (Ind App. 1987).
City's purchase of liability insurance
constituted waiver of sovereign immunity on negligence claim Nelson v. City of
Chester, Ill, 733 S.W.2d 28 (Mo App. 1987).
Alabama Supreme Court reverses judgment for
defendant state trooper whose car struck and killed bicyclist; prejudicial
irrelevant evidence regarding "catch-up" driving training presented
to jury Smith v. Bradford, 512 So.2d 50 (Ala 1987).
Alleged negligence of deputy sheriff resulting in
high-speed pursuit and death of "drag racer" did not violate
constitutional rights Allen v. Cook, 668 F.Supp. 1460 (WD Okl 1987).
Agency's establishment of general liability trust
fund to cover employees waived sovereign immunity; officer might be liable for
injuries resulting from high-speed chase Martin v. Georgia Dept of Public
Safety, 357 S.E.2d 569 (Ga 1987).
Police vehicle on way to domestic disturbance was
engaged in law enforcement; no civil liability for injuries sustained in
collision Crews v. Brockman, 510 N.E.2d 707 (Ind App. 1987).
Occupants of vehicle who were injured in
collision with vehicle fleeing police failed to demonstrate police negligence
Doran v. City of Decatur, 510 So.2d 813 (Ala 1987).
State tort claims act limits liability of
municipality to percentage of its negligence; jury award in collision reduced
Fuller v. Odom, 741 P.2d 449 (Okl 1987).
Officer injured by partner's alleged negligent
driving can sue other officer but not city Mitsuuchi v. City of Chicago, 518
N.E.2d 313 (Ill App. 1987).
Officer can be sued for negligence in forcing
intoxicated passenger of intoxicated driver to ride bicycle home Estate of
Tittiger by Tittiger v. Doering, 678 F.Supp. 177 (E.D. Mich 1988).
Court dismisses appeal of case on failure to
provide guidelines for high-speed chases Martin v. Georgia Dept of Public
Safety, 257 Ga 300, 357 S.E.2d 569 (1987), cert denied and appeal dismissed,
108 S.Ct. 685 (1988).
Minnesota Court upholds statutory limit of
$100,000 recovery from state; no violation of equal protection Lienhard v.
State, 417 N.W.2d 119 (Minn. App. 1987).
Jury should have been allowed to decide whether
officer was wantonly negligent in crossing double yellow lines while passing
truck on hill Pike v. City of Lanett, 518 So.2d 747 (Ala Civ App. 1987).
Officers engaged in high speed pursuit of escaped
criminal were immune from personal liability for injuries suffered from pursuit
and roadblock Oppe v. State of Mo, 525 N.E.2d 1189 (Ill App. 1988).
Jury verdict of $60,000 against officer for
vehicle accident reversed for failure to instruct jury on possibility pedestrian's
friends threw him in front of car Chereskin v. Turkoglu, 369 S.E.2d 161 (Va
1988).
" See also: Defenses:
Statute of Limitations, Defenses: Notice of
Claim.