5618Re: [infoguys-list] mom doused in gasoline
- Jan 1, 2004I agree with "kickingit 101" that accidents happen in life. People cannot
continue to sue every time something goes wrong!!
Human beings are just that!! No one has the "correct" remedy for all
situations, and Mom has some blame in this as well. Our current society
seems hell-bent on placing blame somewhere besides where it belongs.
--- Original Message -----
Sent: Wednesday, December 31, 2003 8:30 AM
Subject: [infoguys-list] mom doused in gasoline
I need your opinions on this very interesting police chase case.
thanks in advance,
3 year old female African Amercian Child in 1998, (is now 9 years old)
lives with MOM and Dad who are unmarried….
Mom is solid citizen w/good work record….
Dad has children from previous relationship and has been in jail for child
support. Works at Burger King when he works.
Domestic argument at home about suspected infidelity at home leads to Dad
dousing Mom with gasoline from a jar and attempting to ignite her with a
that does not work.
Mom leaves home seeks refuge at the next door neighbors. Dad than punches
Mom’s sister who lives with them and removes the Child from her bed, puts
in mom’s SUV and drives off…..approximately 10.00pm
Police come to the home. Send an alert on the radio to look out for Dad and
the Child…multiple Police units search the neighborhood and relatives homes
the area without success in locating.
About 11.30 the SUV is sighted at the cross street about 300 feet from home.
Police give chase but can not find.
A few minutes later a call comes in traced to a phone booth…..Police are
dispatched to search phone booths in the area.
A few minutes later SUV is sighted and 2 officers give chase in residential
Police lose him. (dad)
Then, the SUV is sighted by two other officers who chase him for a mile or
with lights and sirens. Dad looses control at a curve in the road and flips
discharging himself and the Child.
Dad dies but the Child survives with catastrophic brain injuries.
What do you think of Plaintiff's theory/ defense theory of the case:
Plaintiff's attorney will argue:
the Police knew that there was an unrestrained child in the car and should
have terminated the pursuit in accordance with their policies and procedures
when it was clear that Dad was going to run. That they increased the zone of
for the child and that their conduct was negligent.
The defense will argue:
The Police were acting reasonably under the circumstances, that the Dad
posed a treat to the child and that their actions in pursuing the SUV were
appropriate and justified under their policy and procedures.
What do you think?
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