High-speed chase results in head-on crash, death of fetus — $5.24M settlement

Type of action: Personal injury

Injuries alleged: Fetal death, injuries to uterus, multiple fractured vertebrae, fractured fibulas, fractured femurs, fractured right foot, fractured right ankle, fractured right tibia, fractured sternum and ribs, open fracture of the pelvis, tears to the liver and kidney, diaphragm rupture, severe traumatic brain injury, acute respiratory failure, acute blood loss, anemia, sepsis, infections, post-traumatic stress disorder, depression and anxiety

Name of judge or mediator: Justice Jane Marum Roush (Ret.)

Verdict or settlement: Settlement

Amount: $5,240,000

Attorneys for plaintiff: William R. “Rob” Sievers and David M. Erwin, Charlottesville; Roger T. Creager and Tara A. Enix, Richmond; Mark S. Lindensmith, Staunton

Description of case: Shortly after 7 p.m. on a late spring evening, a local police officer attempted to stop an SUV which was displaying a license plate that was not registered to that vehicle. The officer had no other information regarding the SUV or its driver. Before the attempted stop, the SUV had been operating safely.

In response to the officer’s attempt to stop the vehicle, the SUV began to flee. The officer responded by conducting a high-speed chase on a major highway, past dozens of driveways and intersections, on wet roads, under difficult visibility conditions. The chase resulted in both vehicles reaching speeds in excess of 90 miles per hour. From the early stage of the pursuit, it was clear the officer was not going to catch up to the SUV. The officer nevertheless continued the chase for nearly five minutes. The chase ended when the SUV attempted to turn left and violently crashed head-on into the car in which the plaintiff was a front seat passenger.

The plaintiff was a young woman who was six months pregnant with her first child. At the hospital the plaintiff was required to undergo emergency surgery to remove the deceased fetus, and her uterus which was ruptured and bleeding dangerously. Any future attempt by the plaintiff and her husband to have a child will require surrogacy.

The plaintiff filed against the police officer an action for the wrongful death of her fetus and an action for her own personal injuries. The plaintiff asserted claims for negligence, gross negligence, and willful and wanton negligence. The police officer filed a demurrer which asserted he was immune from liability for negligence and that the complaint failed to allege facts sufficient to state a claim for gross, willful, or wanton negligence. Following briefing and oral argument, the trial court denied the demurrer and set separate trial dates for the two actions.

The severity of the plaintiff’s injuries was not disputed, but it was contended that the officer was allowed by Va. Code § 46.2-920 to violate traffic laws since he was engaged in emergency driving, and that Virginia case law established that a police officer engaged in “hot pursuit” of another vehicle was entitled to immunity from liability for negligence. It was also argued that the use of “slight care” defeats a claim for gross negligence, and that the police officer had used at least “slight care” during the pursuit by activating his lights and siren.

The plaintiff highlighted case law holding that a police officer is entitled to immunity for violating traffic laws when he is engaging in emergency driving in response to emergency conditions. The plaintiff argued, however, that the dangerous conditions created by an officer’s pursuit itself could not serve as the “emergency conditions” necessary to justify a pursuit. If that were the law, then every high-speed pursuit for any reason (or no reason) would be authorized and shielded by immunity.

The cases settled at mediation with Justice Jane Marum Roush (Ret.) of the McCammon Group. Mediation presentation was prepared with the help of ALCAR Multimedia and AMICUS Visual Solutions. A focus group was conducted by Video Works of Virginia, Inc.

Plaintiff’s law firm provided case information.

[023-T-130]