 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Clark v. South Carolina Department of Public Safety11/12/2002
Heard September 10, 2002
AFFIRMED
This case arises out of the death of a motorist who was struck and killed by a suspect fleeing from a high-speed police pursuit. Ronald Clark, as personal representative of the estate of his daughter, Amy Clark, sued the South Carolina Department of Public Safety (the Department) and Charles Clyde Johnson, the suspect, after Amy was fatally injured when Johnson crossed the center line and struck her vehicle. Clark alleged the Department's employees failed to properly supervise the pursuit and to terminate it before the fatal accident. The jury returned a verdict for Clark against both the Department and Johnson. The Department appeals. We affirm.
FACTS
In the early morning hours of April 5, 1997, state trooper Greg Bradley of the South Carolina Highway Patrol observed a van driven by Johnson traveling 57 m.p.h. in an area with a posted speed limit of 45 m.p.h. Johnson, who was under the influence of drugs and alcohol, was driving erratically and not using his turn signals. Bradley activated his blue lights and siren and attempted to stop the van, but Johnson refused to stop. Bradley called in the van's license plate number to dispatchers and advised he was commencing pursuit.
Johnson made several turns, disregarded a stop sign, and eventually stopped in a gravel parking lot. As Bradley exited his vehicle and approached the back of the van, Johnson suddenly put the van into reverse and tried to run over him. Johnson hurriedly drove off, throwing gravel into the air. Bradley advised the dispatchers that he had almost been hit, and he resumed the pursuit. Bradley saw Johnson run off the left side of the road and spin around while traveling at a high rate of speed. Bradley radioed that he believed Johnson was going to wreck the vehicle.
Trooper Thomas Justice joined the pursuit and attempted to slow the van down by pulling in front of it. Johnson went around him by driving into the opposing lane of traffic. It was approximately 1:30 a.m. and there was no traffic at that time. Bradley continued following Johnson, and Justice fell into position behind Bradley. As the secondary officer involved in the pursuit, Justice took over most of the radio communications so Bradley could focus on the pursuit.
Around the time Justice joined the pursuit, dispatchers notified the troopers that the van had been reported stolen. Bradley observed light traffic as they drove through a straight portion of the road. Bradley attempted to pass Johnson on the left and get in front of the van in order to slow it down, but Johnson tried to run him off the road. As they approached an intersection, Johnson ran a red light and almost "T-boned," or broadsided, another car. The troopers slowed down to safely clear the intersection. The troopers traveled at speeds of 80 and 85 m.p.h. in their attempt to catch Johnson.
As Johnson proceeded toward the North Carolina border, then only five or six miles away, he came upon a pickup truck. Johnson tried to pass the truck on the right using the emergency lane, but the truck also pulled to the right. Johnson immediately jerked the van to the left, crossed the center line, and crashed head-on into a vehicle driven by Amy Clark. The van became airborne before crashing into some nearby woods and catching on fire. The troopers' cars did not make contact with the other vehicles. The entire chase occurred over an area of approximately eight miles and lasted from six to eight minutes.
Amy died at the scene. Sergeant John Vaughn was the district supervisor on call that night. Vaughn called in and inquired whether a supervisor was needed when he heard Bradley tell
Page 1 2 3 4 5 6 7 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|