Posted by Editor | Posted in Personal Injury News
The city of Pawtucket and its insurer recently agreed to a $700,000 car accident settlement for a woman’s severe personal injuries sustained during a 2002 incident in which an in-pursuit police cruiser struck her van. Carmen Ducharme suffered severe internal injuries in the early morning hours of January 1, 2002 when a police cruiser driven by Officer Ernest Pendergrass hit her van from behind while chasing a stolen car. The rear impact pushed Ducharme’s van into a utility pole, and she was immediately taken to Rhode Island Hospital, where she was listed in critical condition and had two surgeries in two days.
According to police investigators and a Pawtucket Times story at the time of the incident, Pendergrass could not see Ducharme’s van, which was in front of a bar, because of a railroad trestle crest in the road about 75 feet south of the bar. A Cumberland police captain also said at the time that Pendergrass saw the van after coming over the crest but could not stop in time. Ducharme’s personal injury attorney filed a lawsuit in 2004 against Pendergrass and the city of Pawtucket.
According to the personal injury lawsuit, Ducharme was driving her car diligently when she was hit by Pendergrass, who was operating the police cruiser in a “grossly negligent and/or reckless manner.” The complaint also asserted that the city of Pawtucket failed to properly train its officers in regards to the appropriate actions needed during a high-speed pursuit and did not enforce an appropriate policy for vehicular pursuits as required by Rhode Island State Law. Ducharme said the accident left her with severe body, nerve and nervous system injuries which caused extreme pain and mental suffering, high medical bills, loss of earnings and more.
A Pawtucket Times story said this Rhode Island car accident settlement was one of the largest payouts in the city in years. While the story added that there is usually a $100,000 state statute on such claims, Ducharme sued Pendergrass for “wanton negligence,” language which is not usually covered in the local police contract. With that said, the city of Pawtucket paid $300,000 of its settlement while its insurance company picked up the remaining $400,000.
