Police pursuit: Two-car-accident: Failure to heed red light: Vicarious liability: Wrongful death: Ruptured diaphragm: Settlement

Law Reporter, Nov 1998

Police pursuit: Two-car accident: Failure to heed red light: Vicarious liability: Wrongful death: Ruptured diaphragm: Settlement.

Kimball v. City of San Jose, Cal., Santa Clara County Super. Ct., No. CV771633, May 28, 1998.

Chapman lent her vehicle to Cole's wife, who permitted Cole to drive it. He ran a red light, and police pursued the vehicle. Cole then ran another red light and broadsided a car driven by Kimball. Kimball's wife, 39, was a passenger in the vehicle. She suffered fatal head injuries. She is survived by her husband. She had been an accountant earning about $42,000 annually.

Kimball, 36, suffered a ruptured diaphragm, a concussion, and multiple contusions. He also suffered emotional distress. An insurance adjuster earning about $35,000 annually, he returned to work about two months later. His medical expenses totaled about $26,000.

Kimball, individually and on behalf of his wife's estate, sued Cole, alleging failure to heed a red light and keep a proper lookout. Suit against Chapman alleged she was vicariously liable as the owner of the vehicle. Plaintiffs also sued the city, alleging its officers had negligently and recklessly engaged in a dangerous and unreasonable pursuit.

Cole and Chapman cross-claimed against the city for engaging in a negligent, reckless, and unwarranted pursuit. The trial court dismissed the claims against the city, finding it was immune because its written vehicle pursuit policy complied with CA. VEH. CODE 17004.7.

The parties settled before trial for $1.2 million, paid by Chapman's insurer.

Plaintiffs' experts were A. Crane Charters, general surgery, San Jose, Cal.; James R Cohen, general practice, Los Gatos, Cal.; and D.P. Van Blaricom, police procedures, Bellevue, Wash.

Plaintiff's Counsel:

*Robert H.Bohn Jr., San Jose, Cal.