Richard Warren Atkins, David Wells v. Treyvon Alexander Bookman, Moua Yang, The City of Fresno, and Does 1-10
Published: Feb. 5, 2021 | Result Date: Jan. 20, 2021 | Filing Date: May 28, 2019 |Case number: 19CECG01789 Summary Judgment – Defense
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
David M. Hogue
(H & K, Inc., Attorneys at Law)
Defendant
Mandy L. Jeffcoach
(Whitney, Thompson & Jeffcoach LLP)
for City of Fresno
Devon R. McTeer
(Whitney, Thompson & Jeffcoach LLP)
for City of Fresno
Facts
The City of Fresno's police department was involved in a high speed automobile chase to apprehend Treyvon Bookman. The chase ensued on Palm Avenue and as officers reached the intersection of Palm Avenue and Belmont Avenue, Bookman's vehicle collided with a vehicle operated and occupied by Richard Warren Atkins and David Wells. The collision caused injuries to Wells and Atkins and the two sued the pursuing officers and the Fresno Police department for their alleged injuries and damages.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to follow the applicable traffic safety laws while in pursuit of Bookman. Defendants' failure to use reasonable care in apprehending Bookman was the proximate cause of plaintiffs' injuries and damages. As a result, plaintiffs contended that defendants were liable to them for the collision that occurred between them and Bookman.
DEFENDANTS' CONTENTIONS: Defendants contended that they implemented their pursuit procedure in accordance with applicable vehicle codes and therefore did not act negligently in their pursuit of Bookman. Moreover, the claims asserted by plaintiffs were legally deficient because defendants were entitled to immunity for pursuing a criminal suspect after a crime was committed. Ultimately defendants also contended that they complied with all applicable vehicle codes while conducting the chase and therefore moved for summary judgment based on the facts and applicable law.
Result
Defendant's motion for summary judgment was granted.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390