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Thursday, August 25, 2005

Ind. Decisions - Marion County Superior Court judge rules police can be sued for car chases

A front page story today in the Indianapolis Star, by Kevin Corcoran, reports:

A Marion County judge ruled Wednesday that a bystander injured in a 1999 high-speed police chase can sue the city and Indianapolis police for damages arising from his injuries.

Superior Court Judge David Dreyer rejected the city's claim that officers involved in the 50-second chase, which reached speeds of up to 80 mph, had "law enforcement immunity," a concept that has blocked other lawsuits after high-speed chases went awry.

"Police officers engaged in a chase are not entitled to immunity for negligence," Dreyer concluded. "It is therefore left to a jury to decide the fault in this case, that is, who caused the accident: the police officer, the suspect who chose to flee, or a combination of both?" * * *

In his ruling, Dreyer said the state's tort-claim law does not prohibit lawsuits involving careless use of police vehicles -- even when police are trying to enforce the law.

Instead, Dreyer stated, another state law applies that says operators of emergency vehicles have a "duty to drive with due regard for the safety of all persons" and operators can be held liable for "reckless disregard for the safety of others."

Dreyer cited an appellate court ruling in a Lake County case issued in January. A bystander there was allowed to sue Gary police after an officer collided with his vehicle during a chase, causing injury.

The decision cleared an appellate court and is before the Indiana Supreme Court, which heard oral arguments in June. It typically takes the court months to issue a ruling. The court could uphold, reverse or modify that appellate ruling, reshaping the landscape for victims of police chases.

Dreyer's ruling and the Lake County case would lift a heavy burden on plaintiffs, who now must show police broke the law or acted with criminal intent when engaging in chases, said Scott A. Benkie, an Indianapolis lawyer who's challenged police immunity in the past and lost.

The Lake County case referenced is Jeffrey Patrick, et al v. Richard Miresso. Oral arguments before the Indiana Supreme Court took place June 21, 2005. The summary read:
While driving his police vehicle in pursuit of a suspect, officer Jeffrey Patrick was involved in an automobile accident with Richard Miresso. Miresso filed a complaint against officer Patrick, the City of Gary, and the Gary Police Department. The Lake Superior Court denied the defendants’ motion for summary judgment. On interlocutory appeal, the Court of Appeals affirmed. Patrick v. Miresso, 821 N.E.2d 856 (Ind. Ct. App. 2005), vacated. The Supreme Court has granted a petition to transfer the case, thereby vacating the Court of Appeals’ opinion, and has assumed jurisdiction over the appeal. Attorney for Appellants; Stephen Bower of Merriville, IN. Attorney for Appellee; Steven Etzler of Highland, IN.
Watch the oral argument here, via the Supreme Court's website. Here is the link to the now-vacated Court of Appeals decision from Jan. 31, 2005.

Posted by Marcia Oddi on August 25, 2005 08:10 AM
Posted to Ind. Trial Ct. Decisions