Police pursuit: Failure to use lights, siren: Wrongful death: Brain damage: Disfigurement: Verdict

Law Reporter, Feb 1999

Khouri v. City of Chicago, Ill., Cook County Cir. Ct., No. 92 L 15213, Sept. 4,1998.

Police were following a suspected traffic violator when that driver broadsided the Khouris' vehicle. Omar Khouri, 23, a college student admitted to podiatry school, suffered brain damage affecting his ability to interact with others. His medical expenses totaled about $223,700. Ahlam Khouri, a 28-year-old student, suffered facial scarring requiring two plastic surgeries. Her medical expenses totaled about $35,900. Jamil Khouri, 58, suffered fatal injuries and is survived by his wife, four adult children, and two minor children. He had been a store owner.

Jamil's wife, on behalf of his estate; Omar; and Ahlam sued the city, alleging police had failed to use their lights and sirens while pursuing the driver. Plaintiffs claimed that had the police followed proper procedure, they would have notified the driver to pull over, and the public would have been alerted to the dangerous situation.

Omar claimed lost earnings, projected at $1.6 million to $4.2 million.

The jury awarded Omar about $3.04 million; Jamil's estate, $1.5 million, including $1.45 million for loss of society; and Ahlam, $79,000.

Plaintiffs' experts included James Fyfe, police procedures, Philadelphia, Pa., and Anthony Gamboa, vocational economics, Louisville, Ky. Defendant's experts included Kenneth Katsaris, police procedures, Tallahassee, Fla.; Greg Cusick, vocational rehabilitation, Chicago, Ill.; and Paul Taylor, economics, Grand Rapids, Mich.

Plaintiffs' Counsel:

*James P. Costello, Chicago, Ill.

*William J. Haddad, Chicago, Ill.

[Comment: See also Leisten v. City of Zion, 41 ATLA L. Rep. 18 (Feb. 1998 ). There, a police pursuit of a speeding vehicle allegedly caused it to collide with an oncoming vehicle. *John A. Kornak, Waukegan, Ill., represented plaintiffs in this case.

Additionally, see Davis v. City of New York, N.Y., Kings County Sup. Ct., No. 41329/93, May 22, 1998. There, Davis was crossing a street when he was hit by a police car on a non-emergency assignment. Davis, 40, suffered fractures of his right tibia and fibula, multiple rib fractures, and injuries to the head and brain that resulted in severe cognitive deficits. Davis had been a maintenance person earning about $250 per week. He now requires permanent institutionalization. His medical expenses totaled $700,000, with $50,000 paid by no-fault insurance at the time of trial. Davis's wife, individually and on his behalf, sued the city and the officer driving the car, alleging excessive speed, improper lookout, and failure to yield the right-of-way, stop, and use headlights. The jury awarded Davis about $14.45 million, and his wife, $750,000 for loss of services. The court subsequently denied defendant's motion for a new trial but reduced the award to $8.2 million as to Davis, and $100,000 as to his wife. Plaintiffs' experts were Murray Budaben, neurology, New York, N.Y.; Alfred Samenga, medical costs, Massapequa Park, N.Y.; and Conrad Berenson, economics, Woodbury, N.Y. Defendants' expert was Jesse Bidanset, toxicology, Mineola, N.Y. *Nicholas Papain and Cyrus M. Diamond, both of New York, N.Y., represented plaintiffs.]

[Documents in Khouri and Davis are available through the Court Documents section of this issue, courtesy of plaintiffs' counsel.]