Vol. 54 No. 10

Trial Magazine

Verdicts & Settlements: Government Liability

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Failure to Call Off Police Chase

October 2018

Jeremy Chavez fled the scene of an altercation in a truck that was purportedly stolen from a Santa Fe, N.M., Toyota dealership. After Santa Fe police began pursuing Chavez in a high-speed chase, he ran a stop sign at an intersection in a residential neighborhood, colliding with an SUV operated by Arlena Jackson, 78. Jackson suffered serious injuries, including eight fractured ribs; a concussion; and fractures to her left ankle, pelvis, and sacrum. She underwent ankle surgery and now suffers from mobility issues and loss of stamina. Her medical expenses were more than $312,800.

A social worker, she missed four months of work, incurring lost income totaling approximately $14,000.

Jackson sued the city of Santa Fe, alleging failure to call off the police chase when it entered a residential area. The plaintiff asserted that the police and Chavez’s vehicles were traveling 75 mph in a 30-mph zone. The plaintiff also sued the dealership, alleging its negligent security led to the theft of the truck.

The dealership settled two weeks before trial for a confidential amount.

The jury awarded more than $1.26 million, apportioning liability at 50 percent to Chavez, 40 percent to the city, and 10 percent to the dealership. ­Posttrial motions are pending.

Citation: Jackson v. City of Santa Fe, No. D-101-CV-201602239 (N.M. Dist. Ct. Santa Fe Cnty. May 18, 2018).

Plaintiff counsel: AAJ members Lee Hunt and Stephen Marshall, both of Santa Fe.

Plaintiff expert: Dan Montgomery, police practices and procedures, Boulder, Colo.

Defense expert: Fred Radosevich, police practices, Albuquerque.