Suspect rear-ends car during police chase: Improper pursuit: Fractures: Head injuries: Cognitive deficits: Settlement

Law Reporter, Aug 2003

Hensley v. Peters, Ga., Murray County Super. Ct., Civ. No. 99-CI-642, July 19, 2002.

Hensley, 41, was driving on a highway when a driver who was fleeing police rear-ended his vehicle at a speed of approximately 100 miles per hour. he sustained fractures to both legs and feet, collapsed lungs, and closed head injuries resulting in permanent cognitive deficits and facial scarring. His medical expenses totaled $150,000. A carpet mill foreman earning approximately $42,000 annually, Hensley is unable to return to work.

Hensley and his wife sued the police department, the officers, and their supervisors. Plaintiffs alleged improper training of the police officers; failure to prevent the driver, who was intoxicated, from entering his car; and negligence in pursuing die suspect in a way that violated several of the department's policies regarding pursuit.

The parties reached a settlement before trial. The police department will pay $750,000. The driver's underinsured motorist carrier will pay $15,000. In a criminal trial against the driver, the court ordered him to pay $120,000 in restitution.

Plaintiffs' experts included Geoffrey P. Alpert, police pursuit policies, Irmo, S.C.; Thomas Barker, police pursuit policies, Lexington, Ky.; Robert D. Awtrey, police pursuit policies, West Point, Ga.; Robert D. Coston, economics, Statesboro, Ga.; and Kenneth Smith, rehabilitation, Dalton, Ga.

Defendants' experts included Ken Katsaris, police procedures, Tallahassee, FIa.; Thomas McConnell Jr., biomechanical engineering, San Antonio, Tex.; Bucky Beavers, accident reconstruction, Brunswick, Ga.; Soffie Thigpen, public safety training, Forsyth, Ga.; and Donald M. Syfert, economics, Dawsonville, Ga.

Plaintiffs' Counsel

*Warren N. Coppedge Jr., Dalton, Ga.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Coppedge.