$3.3M Awarded in Pursuit Case
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by Rebecca Liss In what is believed to be the only verdict against the U.S. Border Patrol in a pursuit case, a federal court judge in Santa Ana Tuesday awarded three families $3.3 million in damages for the deaths of five people following a 1991 high-speed chase in Temecula. The nationally publicized incident led to calls for changes in the Border Patrol policies involving pursuits of allegedly illegal aliens. Five pedestrians were killed, as well as one illegal alien who did not bring suit. Following a five-day bench trial, federal Judge Linda H. McLaughlin found the border patrol 25 percent responsible for the incident and the driver of the car 75 percent responsible. The three families will net roughly $1 million after the apportionments for negligence are factored. The wife of one victim, who was ill and could not go to trial at the time, is expected to also receive a substantial award. The case did not involve a jury because under the Federal Tort Claims Act if the U.S. government is sued for negligence a plaintiff in only entitled to a judge trial. "We are very happy with the verdict," said Geoff Wells, who along with John Taylor of Greene, Broillet, Taylor, Wheeler & Panish, represented two of the families. "The families feel that all the people that were responsible for the death of their kids have been held accountable. The case has already changed the way the border patrol does business and I think this case sends a clear message to them that we are watching." |
