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Old 05-05-2006, 10:09 AM   #1 (permalink)
Bill O'Rights
will always be an Alyson Hanniganite
 
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Court holds cities liable in police-chase crashes

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Quote:
LINCOLN, Neb. (AP) - The Nebraska Supreme Court said Friday that cities can be held responsible for injuries to people hurt by a suspect fleeing a high-speed police chase - even after the pursuit has ended.

The high court ruled in a case in which the city of Omaha was ordered to pay $1.5 million to two men seriously injured after a police chase in 2000.

Douglas County District Judge Peter Bataillon rejected the city's argument that it should not have been held liable for the men's injuries because the officer had already backed off the chase when the crash happened.

Nebraska cities are liable under state law for injuries to innocent people in crashes that stem from police chases.

Bataillon originally set the amount of damages for one of the men at $2.9 million, but ruled that state law caps liability for cities at $1 million.

The city was ordered to pay $1 million to Jimmie Joe Staley and $500,000 to Joshua McGrath for injuries they suffered when their truck burst into flames after being hit by a car fleeing police.

Staley sustained lung damage and severe burns on two-thirds of his body. McGrath suffered a broken pelvis, a broken facial bone, and burns on one-third of his body.

The city had argued that it should not have been held responsible because the police officer had called off the pursuit a half-mile before the crash.

Bataillon rejected that argument. The driver of the fleeing car, Michael Barnes, testified that he couldn't tell whether the cruiser was still behind him because he was going down hill. The crash happened 20 to 30 seconds after the officer called off the chase.

"He testified that he still felt as though the police cruiser was right behind him and that he was still being pursued," said McGrath's lawyer, Terry Sibbernsen, in briefs submitted to the high court.

The chase began on April 14, 2000, when Sgt. Preston Sears saw Barnes skid into an intersection on a red light, back up and then drive through the intersection on a green light.

When Sears tried to pull over Barnes' car, Barnes sped off, beginning a chase that lasted several blocks.
A.) I hold that it should be the pursuee should be held liable...not the pursuer.

B.) So...now the city (read Police Department) is to be held liable for injury sustained not only during the commision of a pursuit...but now after a pursuit has been terminated.
In effect then, all one has to do is accelerate, at the first sign of rotating/flashing red lights in ones rear view mirror, and the judicious police officer will immediately break off pursuit...before it even really happens.

C.) The lunatics truly are now running the asylum.
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