Attorney obtained summary judgment in a wrongful death case involving a police pursuit

Attorney obtained summary judgment in a wrongful death case involving a police pursuit. At 3:40 a.m. on Christmas Eve, our client Police Officer observed a sports car traveling at a high rate of speed, and believed the driver to be under the influence of alcohol. The officer’s actions were recorded by his in-car camera when he activated his lights and siren, and attempted to catch up to the speeding car. While it was apparent from the video that the Officer never got close to the car, which disappears from camera view in a mere sixteen seconds, suit was brought against the Officer, his supervisor, and the Police Department. The family did not bring suit against the driver of the vehicle, who had a .161% blood alcohol content, and drove his car off the road and into a tree at over one hundred miles per hour, resulting in the death of one of his passengers, and serious injury to himself and the other passenger. Plaintiff’s counsel refused to allow the parents to view the video of the pursuit, and successfully fought a motion to compel a viewing, despite the parents having verified the Complaint which made factual averments regarding the officer’s actions that were clearly refuted by the video, itself. Nonetheless, the attorney was successful at oral argument in proving to the Court that, under Plaintiff’s theory of the case, an officer would be liable for any accident occurring after a driver viewed his overhead lights. Pointing out that the officer and his supervisor did exactly what police officers are expected to do, the Court granted summary judgment to all Defendants.