Facts

The case involved a high-speed California Highway Patrol pursuit wherein the pursuing female officer struck a third party, plaintiff Walter McGibbony, who was riding a motorcycle. Because vehicles stopping and moving to the right blocked the pursuit, the pursuing officer had to cross over onto the other side of the road, where the plaintiff turned left directly into her path.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the officer should not have crossed over on the other side of the road to continue the pursuit. The plaintiff also contended that the officer should have terminated the pursuit because she already obtained the suspect's license plate number; that the suspect vehicle's capabilities far exceeded the patrol car's capabilities; and the officer was driving too fast on surface streets. Plaintiff's expert calculated the officer's speed on the residential street at 85-100 mph. Plaintiff never heard the siren.

DEFENDANT'S CONTENTIONS:
The defendant contended that because the motorists are told to move to the right side of the road at the approach of an authorized emergency vehicle, the officer are advised to pass traffic on the left, even if it becomes necessary to cross over onto the other side of the road.

The defendant contended that the officer did not need to terminate the pursuit because she could not have known that the driver of the suspect vehicle was the registered owner, thus not ensuring later apprehension; that the officer was able to maintain visual contact on the suspect vehicle the entire time; and that the officer was traveling 45 mph at the time of the impact in a 35 mph zone.

Settlement Discussions

The plaintiff demanded $2 million at mediation pursuant to C.C.P. section 998. The defendant's first and last offer was $163,000.

Injuries

The plaintiff broke his left leg, broke two ribs, and punctured his spleen, which had to be removed. He spent ten days in the hospital and incurred approximately $95,000 in medical bills and suffered lost earnings.

Result

Defense verdict.

Other Information

FILING DATE: May 15, 2006.

Deliberation

45 minutes

Poll

10-2

Length

seven days