Trial Magazine

Chicago police officer Charlotte Gonzalez began pursuing a bicyclist who was illegally riding on the sidewalk. The pursuit took place near the city train station, and Gonzalez approached a double-track intersection where ingoing and outgoing trains passed on their way to and from the station. When Gonzalez arrived at the intersection, the gates sounded and lowered, and she stopped her cruiser for about 30 seconds as an inbound train crossed the tracks and entered the station.

Although the gates remained down, Gonzalez assumed the path was clear and decided to continue the pursuit, unaware that an outbound train, operated by Jeffrey Bryant, was entering the station. As Gonzalez inched onto the tracks and began driving around the gates, she struck the second railcar of the outbound train, causing it to swerve off and back onto the track.

Bryant, 48, was jerked around inside the train. He went to a hospital emergency room with complaints of chest pain and anxiety and was discharged the same day. Soon after, however, he developed lower back pain and was diagnosed with herniated disks at L4-S1.

Bryant pursued conservative treatment, including physical therapy and epidural injections, for about three years, but when his pain intensified, he underwent an L4-S1 fusion, followed by more physical therapy. His past medical expenses totaled about $331,700.

Bryant continues to suffer pain and a limited range of motion in his lower back. He has been unable to return to work as a train operator.

Bryant sued the city of Chicago, alleging that Gonzalez had operated the cruiser in a willful and wanton manner, without regard for safety. Among other things, the plaintiff claimed that Gonzalez failed to keep a proper lookout and violated police procedure when she decided to go around the lowered crossing gates. The plaintiff offered evidence that a Chicago general police order requires officers to balance the need to pursue a fleeing suspect against the danger created by engaging in a motor vehicle chase. The plaintiff contended that based on that order, Gonzalez should have discontinued the chase.

The plaintiff sought damages for past medical expenses and noneconomic damages for pain and suffering and loss of a normal life. He did not pursue claims for lost earnings or future medical expenses.

The city argued that the bicyclist was a suspected gang member and that the general police order applied only to cases involving a police pursuit of another motor vehicle, not a bicycle. The defense cited Gonzalez’s testimony that she would have terminated the chase if the suspect had been in a car.

The plaintiff countered that the safety of the community—not a suspect’s mode of transportation—should govern that decision.

The jury found that Gonzalez’s actions were willful and wanton and awarded $2.5 million. In addition to past medical expenses, the verdict included $1 million for future pain and suffering, $748,800 for future loss of a normal life, and $200,000 each for past pain and suffering and past loss of a normal life.

Citation: Bryant v. City of Chi., No. 13-L-9007 (Ill. Cir. Ct. Cook Cnty. Nov. 4, 2016).

Plaintiff counsel: AAJ member Matthew J. Belcher and Bryant M. Greening, both of Chicago.

Plaintiff experts: Joseph Petrocelli, police practices and procedures, Cedar Knolls, N.J.; and Theodore Fisher, orthopedic surgery, Chicago.

Defense experts: G. Sangdahl, accident reconstruction, Aurora, Ill.; and Miledones Eliades, physical medicine, Evanston, Ill.