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Huber v. City of Casper11/5/1986
n. Neither Dr. Huber nor Officer Ward checked the area nor the motorcycle. Dr. Huber drove the van away from the scene just described. Later, Dr. Huber told Ms. Hedges that " he guy on the motorcycle must have hit the back of the van."
After leaving the accident scene the injured girl was deposited at the police station. While the trio was at the police station they inspected the van and saw that it had been damaged, and suspected that it had been involved in a collision with the motorcycle.
Dr. Huber and Officer Ward told Patrolman Sergeant Lowe at the police station that a woman with them had been assaulted. In connection with this visit to the police station, Sergeant Lowe was asked:
"Q. Did either Officer Ward or Doctor Huber tell you that they had been involved in a collision with a motorcycle?
"A. I believe Mr. Ward stated — during the time of our walk from the police station outside he mentioned that a biker had wiped out. And I asked, `Well, what do you mean by wiped out?' And he simply said that he tipped his bike over. And I asked if he knew if the biker was hurt. And he said he did not think so. And then one of the gentlemen — I don't know which one — added that he may have hit the van. I said, `Was there any damage, anyone hurt?' And the response was, `We don't think so.' And I replied that if there is, please let us know if there is any problem with regard to damage or injury.
* * * * * *
"Q. You [Sergeant Lowe] were not shown any damage to the van?
"A. No, sir.
"Q. And it was just in passing that they said that they think the van may have been hit?
"A. That was the statement that I heard, yes.
"Q. At any time did they come back and talk to you about the van actually being involved in the accident?
"A. No, sir. The only added statement was after they stated the van may have been hit is that they thought the biker may have been after the girl that they had picked up and they did not stay to find out what was going on.
"Q. At the time the van left, did you know the license plate number or the name of the driver of the van?
"A. No, sir. I had information on that.
"Q. Did have you the accident location?
"A. No, sir.
"Q. They didn't give you any of that information.
"A. No, sir."
This casual conversation between Officer Lowe and Dr. Huber and/or Officer Ward is the accident report that the majority apparently deems sufficient to satisfy the ordinance.
The so-called report is not only incomplete and equivocal, but is false. When Dr. Huber was at the police station he knew there had been damage to his van. Also, it is doubtful that he was completely honest when he said he did not think anyone was hurt. A loud clanging noise was heard at the rear of the van at the accident scene. This was followed by a riderless motorcycle sliding past the van across the street and coming to rest twenty or thirty feet in front of the van.
Dr. Huber would have the trial court believe that some phantom driver drove this motorcycle into the rear of the van, then vanished unharmed. Under the circumstances described by the occupants of the van it is inconceivable that the operator of the motorcycle could have escaped injury, yet Dr. Huber and his people said they didn't think anyone was injured.
Ms. Hedges, Officer Ward and Dr. Huber left the police station and went to the latter's office. There the van was again examined by Dr. Huber and Officer Ward, and one or the other said, "* * * hat guy had hit the back of
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