Indiana judge allows lawsuit against police in fatal car chase

By Jim Greene

Published on September 01, 2005

The city claimed immunity from the suit, based on prior cases, but Superior Court Judge David Dreyer ruled that police officers involved in the high-speed chase did not have immunity from a claim of negligence and said it was up to a jury to decide who was at fault.

The lawsuit, filed on behalf of Richard Garman, whose injuries included cuts to his liver and spleen, broken bones, and glass embedded in his back and neck, seeks $300,000 to pay off his medical bills, which exceed $280,000. The suit also claims Garman suffered emotional distress and clinical depression because of the death of his fiancee, J. Elizabeth Foster, 19, in the crash.

Garman was turning left at an intersection when a vehicle driven by Jessie Smith, who ran a red light as he fled police, struck his car. Smith was fleeing police, who were pursuing him in the mistaken belief his car displayed stolen license plates. Derek Gray, a passenger in Smith's car, was killed in the collision.

Dreyer cited a state law that requires emergency vehicles to be driven with regard for public safety, even when engaged in enforcement of the law.

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