Bender & Gritz, APLC
Get A FREE Consultation
| Call Our Injury Lawyers In San Diego

Fatal California motorcycle accident leads to wrongful death suit

The widow of a fallen police officer has filed a wrongful death against two California cities and another police official, claiming that they are responsible for the death of her husband. The cities have already denied claims filed by the widow under a legal rule which she claims is inapplicable and outdated.

The fatal motorcycle accident took place last May, during the funeral procession of a California police officer who had died of cancer. The widow's husband, a 44-year-old motorcycle officer, was working as a funeral escort when suddenly, a police sergeant who had been assisting a vehicle that had accidentally cut into the procession, cut back into the line.

The sergeant struck the husband, causing his motorcycle to be thrown into oncoming traffic. The husband landed on a vehicle and suffered massive blunt force traumatic injuries, from which he later died.

Now, the widow has filed a wrongful death lawsuit on behalf of herself and her two sons against the city that was operating the procession, the sergeant who struck her husband, and the city that employed the sergeant. In the suit, the widow claims that the sergeant was unfit to operate a police motorcycle and that he was driving recklessly at the time of the crash. In addition, the suit claims, the city did not provide sufficient motorcycle training for the sergeant.

The cities have previously denied $25 million claims filed by the widow, citing the 'fireman's rule' which generally precludes any liability for emergency responders. The widow is fighting against that claim, arguing that this was not an emergency situation by any means, and that the cities are therefore liable for her husband's death.

Source: The Beach Reporter, "Officer's widow files wrongful death lawsuit," Carley Dryden, Mar. 21, 2012

No Comments

Leave a comment
Comment Information
Email Us For A Response

Do I have a case?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

501 West Broadway, Suite 1500
San Diego, CA 92101

Phone: 619-515-0222
Fax: 855-515-0221
San Diego Law Office Map

Cards icons
Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum AV Preeminent | Martindale-Hubbell Lawyers Ratings 100 Percent Club 2014 | SDCBA Rated By Super Lawyers | Bill Bender | 10 Best Law Firm | Client Satisfaction | 2017 Avvo Rating 10.0 Superb BBB | Accredited Business | A+ APITL America | Association of Plaintiff Interstate Trucking Lawyers of America