Posted on 07/31/2024 8:48:21 PM PDT by xxqqzz
The city of Fort Lupton and town of Platteville, Colorado, agreed on the settlement with the victim, Yareni Rios-Gonzalez, according to a release from the Fort Lupton Police Department. The settlement amount will be split equally between the town and city and paid by their insurers, according to attorney Eric M. Ziporin, whose office represents the city.
Rios, who was a suspect in a road rage case, survived the September 2022 collision but suffered nine broken ribs, a broken arm and other injuries.
“This voluntary settlement is to the mutual satisfaction of the parties, recognizes the gravity of this matter, and allows all parties to move forward,” the Fort Lupton police department said.
Fort Lupton police officer Jordan Steinke, who placed Rios in the vehicle, was found guilty last year of reckless endangerment and third-degree assault in the crash and was sentenced to serve 30 months of supervised probation and 100 hours of public service.
On the day of the crash, Steinke joined a traffic stop in which officers had pulled over Rios, who authorities said was suspected of brandishing a gun at another driver earlier in the evening. Steinke put Rios into the cruiser of Platteville police officer Pablo Vasquez, who had parked in the middle of a railroad crossing.
Body and dash camera video released by police showed Rios screaming for help as the train approached and slammed into the vehicle.
Steinke argued during her trial that she didn’t notice the location of the railroad tracks despite several warning signs, including one next to where she parked her vehicle.
The officer said she was not fully aware of her surroundings because she was concerned about approaching a suspect who may have a gun. “You can only divide your attention so much,” Steinke testified.
(Excerpt) Read more at wmtw.com ...
She had a broken back, 9 broken ribs, a broken leg, a broken arm, and brain damage.
In most stakes, you can get more suing the city or whatever than a private person, because the city has unlimited funds. However, in certain states, ones you might expect, including Virginia, Texas, Maine, and New Hampshire, there is sovereign immunity and you can't sue the government at all.
As I always say - know your jurisdiction.
Thanks for the info on the states!
Put that officer in a car on the tracks, see what she thinks of it, especially if you point at the signs before walking away.
The police force got a bargain deal over this incident.
“She had a broken back, 9 broken ribs, a broken leg, a broken arm, and brain damage.”
8.5M Seems low with all the future health problems she will have and since she will probably only see half. I have a distant relative that was T boned by a GOV. vehicle doing 70 through a school zone. They were in a comma for 3 months, got @ 20M.
EONS ago ... I was taught by both of my parents, my driving instructor, and a peace officer who visited the driving school ...
NEVER PARK OR STOP ON RAILROAD TRACKS.
No exceptions.
RE: Put that officer in a car on the tracks, see what she thinks of it....
https://www.efootage.com/videos/108230/helen-holmes-in-hazards-helen
Oh ... the cop(s) should pay out of their own pockets ... and face criminal negligence charges.
This fiasco was and is inexcusable.
Grateful Dead song
Caution (Do Not Stop on Tracks)
on the Anthem of the Sun album.
(Long but a few good minutes here and there.)
https://www.youtube.com/watch?v=f3JORq9cDNw
The Jackboot lickers, A/K/A, “she had it coming” will be along shortly.
Wasn’t that in a silent movie once?
More of the Sovereign Immunity mythology.
In Texas; “The Texas legislature has in fact enacted a limited waiver of immunity through the Texas Tort Claims Act. Under this act, a person may sue the state or a local government entity for “property damage, personal injury, and death proximately caused” by a public employee’s negligence, omission, or other “wrongful act” that occurs within that person’s “scope of employment.”
In other words, if you are injured in an accident caused by a sanitation worker driving a city-owned garbage truck, you can sue the city for damages. But if that same worker injures you off-the-job driving his own vehicle, the city cannot be held liable.”
I knew of a few classmates back in high school who, during their driving tests, stopped in the middle of railroad tracks behind vehicles lined up at a stop light. Instant FAIL for the driving tests. Lord knows how they treat drivers today.
I don’t know about Texas, but Virginia has real sovereign immunity. There was a case of someone whose car was hit by a garbage truck in Norfolk, and they got nothing. Garbage collection in Virginia is by the county.
All states, including Colorado where this accident occurred, have some form of sovereign immunity, particularly with respect to tort claims. That immunity typically extends to local governments. Most, if not all, states have statutes waiving that immunity under certain circumstances, though.
Not nearly enough, IMHO...
Pathetic excuse!
Maybe excuses Steinke parking the cop car at the RR crossing while the perp was still brandishing her firearm - but doesn't excuse subsequently walking the already apprehended and handcuffed perp back to the cop car and placing her into it!
Regards,
Juries treat our tax dollars as though they can grant lottery winnings. Lawyers are the real winners.
DEI
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