Confidential
Settlement – $100,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Alexis Galindo
(Curd, Galindo & Smith LLP)
Defendant
Facts
On Aug. 26, 1996, the mother entrusted her automobile, (1991 Ford Tempo) to her 14-year-old daughter. The daughter and her friends managed to cram a total of seven other minors into the vehicle. The daughter allowed one of her friends to drive the vehicle. All the minors in the vehicle were drinking. None of them had a driver's license. At approximately 2:30 a.m., the minors approached a city police checkpoint located near the corner of Holt and Mission Boulevard. The driver immediately changed seats to drive to a 16-year-old passenger. As the minors neared the police checkpoint, all six passengers in the vehicle agreed to attempt to elude the checkpoint and flee. The police officers observed the Ford Tempo avoid the checkpoint by pulling out of the line. The police officers immediately commenced its chase after the Ford Tempo. The chase began in Pomona and went east through the city, across Diamond Bar, and into Hacienda Heights, until the tempo reached speeds of over 100 mph. The tempo entered Colima Avenue against the flow of traffic and the police followed pursuit also against the flow of traffic at speeds over 100 mph. The tempo collided head-on with the plaintiffs. The plaintiffs were returning from a church study. In the small pick-up was plaintiff a 36-year-old and his 18-year-old niece. The niece died at Whittier Hospital. The plaintiff suffered minor injuiries. The defendant was retained by the plaintiffs. The defendant failed to include in the government claim form a cause of action for civil rights violations against the city. Thinking that the government tort act would toll the one year statute for the private parites, the defendant filed the complaint on Oct. 16, 1997, thus barring a cause of action against the minors, the minors' parents and the owner of the vehicle. The city brought a demurrer to have the matter dismissed as to the city based on the Vehicle Code, º17004.7 immunity statute for police pursuits. The demurrer was granted and the court would not allow the amendment of original complaint to include a cause of action for civil rights violation since the original claim form did not include the civil rights violation claim. The plaintiffs' case against the city was dismissed and the plaintiffs could not proceed against the private parties. The cause of action for professional negligence was filed April 22, 1998 against the previous attorney due to his failure in filing the cause of action timely and due to his failure in not including a cause of action for civil rights violation against the city.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $100,000 policy limits it was accepted on Dec. 23, 1998.
Injuries
The plaintiff suffered minor injuries.
Other Information
The settlement was reached approximately eight months after the case was filed. The driver was tried as an adult and convicted for manslaughter. He is currently serving a 15 year sentence in state prison.
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