Vehicle being chased by police strikes car: Improper pursuit: Wrongful death: Verdict

Law Reporter, Apr 2004

Santillana v. City of Chicago, Ill., Cook County Cir. Ct., No. 00L 8237, Dec. 19, 2003.

Santillana, 51, was driving on a road when a vehicle being chased by police crossed the centerline and struck her car head-on. Police were pursuing the vehicle because it had allegedly run a red light. Santillana suffered fatal injuries. She is survived by her adult daughter.

Santillana's daughter sued the city and the driver of the car. Suit against the city alleged the police officers negligently struck the car they were chasing from behind, causing it to strike Santillana's vehicle. Plaintiff alleged the pursuit was in violation of the city's pursuit practices. Suit against the driver, who was under the influence of drugs, alleged reckless driving. The driver was convicted of criminal charges of reckless homicide.

A jury found the city 25 percent at fault and the driver 75 percent responsible. It awarded about $2 million. After the verdict, the court entered a judgment order holding the city responsible for the entire verdict amount.

Plaintiff's experts were David Sallman, accident reconstruction, Gurnee, Ill.; John Bederka, toxicology, Aurora, Ill.; and Mitchell Kaplan, metallurgy, Wheeling, Ill.

Defendants' experts were David Dix, accident reconstruction, Aurora, Ill.; and Daniel J. Brown, toxicology, Springfield, Ill.

Plaintiff's Counsel

* Timothy J. Cavanagh, Chicago, Ill.

* Matthew M. Rundio, Chicago, Ill.

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