December
12, 2003
COOK
COUNTY JURY FINDS CITY OF CHICAGO POLICE DEPARTMENT GUILTY
FOR A RECKLESS "POLICE PURSUIT"AND AWARDS DAUGHTER
$2 MILLION FOR DEATH OF MOTHER
On December 12, 2003, a Cook County jury awarded a daughter
of a woman killed in a "police pursuit that went horribly
wrong" over $2 Million for the wrongful death of her
mother. The case arises from an incident on July 18, 2000
in Chicago at 10:10 p.m. when two patrol officers from the
Chicago Police Department began a police pursuit of a motorist
who ran a red light. The police officers are Ben Martinez
and Thomas Benya of the 10th District. Benya and Martinez
attempted to pull over Jesus Gomez at 26th St. and Central
Park. Gomez fled in his Chevy Caprice. The chase led to
31st St. and Lawndale Ave. where Gomez's vehicle struck
a truck. At that point, Police Policy required the pursuit
to be terminated. However, witnesses testified that the
police continued the pursuit eastbound on 31st St. where
the Gomez vehicle crossed the center line and struck a vehicle
driven by Dalia Santillana, age 51, who was returning from
work. The police denied continuing the pursuit but numerous
witnesses disputed their version. In fact, there was testimony
in the one-week trial that the patrol vehicle rammed the
Gomez vehicle in the rear causing the Gomez vehicle to lose
control and hit the Santillana vehicle.
Timothy
J. Cavanagh of the law firm of Lloyd & Cavanagh presented
18 witnesses and hundreds of exhibits in the civil trial.
Mr. Cavanagh stated: "We are pleased that this jury
found the City of Chicago and Jesus Gomez liable for the
tragic death of Dalia Santillana and awarded $2 Million
for her daughter Elizabeth's substantial loss. This verdict
reflects the community's value of the dignity of human life."
The
trial was held before Judge Thomas Chiola in the Circuit
Court of Cook County. Following the jury's verdict, Judge
Chiola entered a judgment order holding the City of Chicago
responsible for the entire verdict of $2,005,798.00. Mr.
Cavanagh, said: "This verdict will send a message to
the City of Chicago and its police officers that its policies
and procedures must be followed at all costs. Continuing
a police pursuit when a fleeing driver has crashed into
a truck is prohibited under police policy."
A
copy of the OEC (Office of Emergency Communication) tape
recording of the pursuit and photographs of the damaged
cars are available at Lloyd & Cavanagh. Mr. Cavanagh
and Elizabeth are also available.
