Case details

Defense: Officer in pursuit of fleeing driver not to blame for crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, head, headaches, language, mental, psychological, sensory, speech, subarachnoid hemorrhage
FACTS
Shortly after 11:30 p.m. on Jan. 4, 2012, plaintiff Tsehainesh Kahsay, 50, a licensed practical nurse, was at the intersection of Sixth Avenue and Robinson Avenue, in San Diego, when her black, 2004 Mustang was broadsided by a white, 2011 Jetta operated by Marckino Martinez. Prior to the collision, San Diego Police Officer Philip Stanley, who was on patrol as a traffic enforcement officer in the Hillcrest area, had observed Martinez execute an illegal U-turn. At the time, Martinez was legally drunk, with a blood alcohol concentration of .15, and had an outstanding warrant for a prior driving-under-the-influence incident and a suspended driver’s license. In addition, Martinez’s vehicle was registered to a woman, but the driver was a male. As a result, rather than accept the ticket, Martinez chose to flee from the officer. While Martinez was evading the officer, he turned south onto Fifth Avenue, which is a one-way street for traffic traveling northbound. Almost immediately after turning onto Fifth Avenue, Stanley realized that he was traveling the wrong way and moved to the far left and slowed down. He also kept his emergency lights and siren on to warn vehicles traveling in the vicinity of his presence. However, Martinez continued driving the wrong way on a one-way street at his increased speed before executing a left turn onto westbound Robinson Avenue. As a result, Stanley drove slowly up Fifth Avenue, toward the intersection with Robinson Avenue, stopped at the intersection, and then turned left onto Robinson Avenue. After completing his turn onto Robinson Avenue, Stanley saw Martinez driving down the center of the road and then enter the intersection of Robinson and Sixth Avenues, against a red light. As a result, Martinez crashed into Kahsay’s vehicle. Kahsay sustained to her head, neck, back, and a shoulder. Kahsay ultimately settled with Martinez and the registered owner of his vehicle, Veronica Ruiz. Thus, Kahsay sued Stanley and his employer, the city of San Diego. Kahsay alleged that Stanley was negligent in the operation of his vehicle and that the city was vicarious liable for Stanley’s actions while in the course and scope of his employment. The city subsequently brought a third-party claim against Martinez and Ruiz, alleging that Martinez was solely to blame and that Ruiz was liable for Martinez’s actions. Prior to trial, Stanley was dismissed from the case due to a statutory immunity. Plaintiff’s counsel asserted that Stanley was negligent for not terminating the pursuit prior to turning the wrong was on Fifth Avenue. Defense counsel contended that Stanley pursued Martinez for less than one minute and covered less than one-fourth of a mile when Martinez ran a red light and broadsided Kahsay’s vehicle. Counsel also asserted that due to a phenomenon known as “focused attention,” also known as “tunnel vision,” Stanley did not realize that he was turning the wrong way onto Fifth Avenue until he had done so. However, defense counsel asserted that once Stanley realized that he was turning the wrong way on a one-way street, Stanley took immediate action to protect the public. Counsel further asserted that Stanley was not a substantial cause of the accident because, due to Martinez’s intoxication, Martinez was unable to perceive the location of Stanley’s vehicle and would not stop even if Stanley had completely terminated the pursuit prior to turning onto Fifth Avenue., After the collision, Kahsay was transported to Scripps Mercy Hospital San Diego, where she was diagnosed with a minor subarachnoid hemorrhage, which resolved within six hours of her arrival at the hospital. She also reported some musculoskeletal neck and back complaints. Approximately two weeks after her discharge, Kahsay began reporting right, dominant shoulder pain. She also reported continuing headaches and memory problems. She subsequently underwent chiropractic treatment, physical therapy, speech therapy, and occupational therapy. She also treated with some orthopedic surgeons, who recommended right shoulder surgery to treat a suspected rotator cuff tear. However, Kahsay did not undergo the shoulder surgery. Kahsay sought recovery of $103,522.11 in past medical costs, $41,500 in future medical costs, $16,425.00 in past wage loss, and $19,488 in future wage loss. She also sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case