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Settlement Reached in Case of Woman Struck by Durham Cruiser

Posted May 11, 2007

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— A pedestrian hit by a Durham police officer will get $375,000 from the city.

Linda Jones filed a lawsuit after she was hit by Officer Joseph Kelly more than six years ago. The case bounced back and forth between the courts.

The settlement with the city comes just a week after the appeals court ruled Jones can sue because a video of the accident from the officer's cruiser was lost.


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  • Professor Studley May 11, 2007

    "Realistically, if you are hit by the police or an ambulance on the way to an emergency, you are going to be hard pressed to paint them as reckless people who should have known better." --biil0

    I have to disagree, it does no good for emergency personnel to respond to calls if they are going to endanger any and everyone else on the road on the way to a call... I have witnessed several accidents of such nature due to emergency personnel not following proper safety procedure and should be held, to some extent if not all, liable for mistakes they make. It is one thing if the "victim" is partially at fault, but in the case of a LEO, for example that enters an intersection from a red light without siren or using a highetened level of caution, should be held responsible for such a careless and reckless act. It does no good to save a life, if you risk countless others in the process.

  • At Work May 11, 2007

    Funny how the video disapears, I agree with everyone 6 years and after all the fees she'll be broke. They should have held out for more.

  • sapphire5660 May 11, 2007

    what is it that you do for your clients, Man Mountain??

  • themanmountain May 11, 2007

    Too little Too late .I really feel for this poor woman.The lawyer should do this one pro.bono or whatever you call it.The hopital should discount their charges as well.I frequently do this for my less fortunate clients.I cant believe what she had to go through to get any help at all.

  • sapphire5660 May 11, 2007

    The attorney will only claim one-third - regardless. Most, if not all, PI cases are done contingent and the atty will collect approximately $123,750 on that settlement....she will get her medical bills paid, some pain and suffering and actual costs. That's not alot, depending on what kind of injury she had, and if there are permanent injuries, etc., there's a lot of figuring that goes into deciding what a claim is worth.

  • bill0 May 11, 2007

    Realistically, if you are hit by the police or an ambulance on the way to an emergency, you are going to be hard pressed to paint them as reckless people who should have known better. The best you can hope for is that you get all the hospital bills paid and recoup actual lost wages. I can't imagine there are lots of judges or juries anxious to really punish emergency responders who are trying to do their job. The city should pony up for actual damages though.

  • nc lover May 11, 2007

    wmbkab81 - That's true but if I was a victim I would want a larger junk of the settlement put into my pocket being I was the injured party and not just have my Medical Bills Paid which I agree with you is a big part.

  • wmbkab81 May 11, 2007

    The attorny in my settlement case with the insurance co, charged 28%. without his help i would still owe thousands to hospitals, drs,etc. dont be so hard on attornys one day you may need one.

  • nc lover May 11, 2007

    Dark - Your so correct. Cases like this the only one who laughs on the way to the Bank is the Lawyer(s).

  • Dark_Horse May 11, 2007

    Let's see... 6 years ago...$375k...Minus attorney's fees.... She'll get about 12 bucks!