Officer Does Not Remember Fatal Crash |
Winn v. Posades, 913 A.2d 407, 281 Conn. 50 (2007)
When Officer David Posades arrived for his midnight shift at the Plainville Police Department on September 4, 1997, he realized he had left the keys to his handcuffs at home. That same Thursday, Glenn Winn was having an evening out and at some point that night drank some alcohol and smoked some marijuana.
Route 177 crosses Plainville from north to south. Route 372 crosses the town from east to west. At the intersection where they meet, the speed limit for Route 372 is 25 mph and the speed limit for Route 177 is 35 mph. The area is a mix of small businesses and residential homes.
Officer Posades must have been in quite a hurry to get
his keys. He was driving his cruiser
between 58 and 75 mph westbound on Route 372 as he approached the
intersection. If he was going 75 mph,
his speed would have been triple the speed limit! His siren and emergency
lights off were off as he sped toward the traffic light at the
intersection.
Mr. Winn, driving south on Route 177 was also above the
speed limit, although by nowhere near as much as the officer. Mr. Winn was going between 37 to 46 mph as
he neared the intersection.
At the light, the two cars collided. The front of Officer Posades’s cruiser hit
the side of Mr. Winn’s car, flipped it over and threw Mr. Winn from his
car. The accident put him in a
coma. He never regained consciousness
and died 9 days after the accident.
Mr. Winn’s mother hired a lawyer to sue Officer Posades
and the Plainville Police Department for this fatal car accident.
No
witnesses were found for the accident.
Officer Posades testified at trial that he did not remember the
accident. The last thing he remembered,
he told the court, he was driving west on Route 372 toward the intersection
with Route 177.
The
judge at the trial stated from the bench, “Personally, I find it reprehensible
that a police officer on duty not responding to an emergency was traveling that
fast.” Then he threw the case out of
court.
Mr.
Winn’s mother appealed the case to the Connecticut Appellate Court and the
Connecticut Supreme Court. In agreeing
that the trial judge was right to throw out the case, both these courts pointed
to a 100-year-old Connecticut Supreme Court case, Wallace v. Waterhouse,
86 Conn. 546, 86 A. 10 (1913), in which a speeding car killed a dog. While traveling at the “excessive” speed of
20 mph, Arthur G. Waterhouse ran over and killed Mr. John T. Wallace’s dog which
had crossed into the street.
Maybe
it was Mr. Waterhouse’s excessive speed that caused the accident, the Supreme
Court justices said. Or maybe, the
justices said, the accident happened because of the “commonly known” “habits
and characteristics of dogs” to go wandering into the street. Without any other evidence presented by the
dog’s owner, a jury could only guess what had happened; because cases are to be
decided on facts, not guesses, Mr. John Wallace’s lawsuit to get compensated
for the death of his dog was thrown out of court.
The Connecticut Supreme Court applied the same reasoning
to the wrongful death lawsuit brought by Mr. Winn’s mother against the
Plainville police and Officer Posades.
The court stated:
In a case involving an
automobile accident, a plaintiff cannot merely prove that a collision occurred
and then call upon the defendant operator to come forward with evidence that
the collision was not a proximate consequence of negligence on his part. Nor is
it sufficient for a plaintiff to prove that a defendant operator might have
been negligent in a manner which would, or might have been, a proximate cause
of the collision. A plaintiff must remove the issues of negligence and
proximate cause from the field of conjecture and speculation.
In
short, although the “evidence showed that Posades had been negligent or
reckless in operating his police cruiser through the intersection at a highly
excessive rate of speed,” no one could say for certain whether his speed caused
the accident, or whether the accident happened because the traffic light
malfunctioned, or whether it was Mr. Winn who passed through the red light.
Referring to the Wallace v.
Waterhouse case, and to other car accident
cases, the Connecticut Supreme Court justices said, “Our conclusion today is
simply that we decline to vary from our previous case law that consistently has
concluded that proof of excessive speed by the operator of a motor vehicle is
insufficient, standing alone, to establish legal cause.”
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